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Neutral Citation No. - 2025:AHC:133454 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27211 of 2025 Applicant :- Pankaj Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Shukla,Vivek Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Pankaj Pal, who is involved in Case Crime No. 43 of 2025, under Sections 87, 61(2) BNS, police station Mugrabadshahpur,
district
Jaunpur,
seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is father of the victim, got an F.I.R. lodged on 16.04.2025 for the offence under Section 87 BNS, 2023 against Pankaj Pal making allegation inter alia that on 07.04.2025 at about 12 O'clock in the night, his daughter aged about 23 years has left house without giving any information to anyone. Later on, he came to know that she was enticed away by Pankaj Pal. It is argued by learned counsel for the applicant that the victim herself came back to her house on
19.04.2025. Thereafter, her statement under Section 180 BNSS was recorded, in which she has stated inter alia that she loves the applicant Pankaj Pal and she was in touch with him for the last one year, therefore, she herself called Pankaj Pal outside the village and leaving her home, she had gone with him to Mumbai. After a week, when she came to know that her father lodged the F.I.R. then she came back. Thereafter, her statement under Section 183 BNSS was recorded, in which she has narrated a different story stating inter alia that she was having affair with both Kallu Yadav and Pankaj Pal. On 08.04.2025, Kallu Yadav forcibly took her and handed over to Pankaj Pal, who took her to Mumbai where she stayed with him for a week. On the strength of aforesaid facts, it is further argued that the victim is major and she was consenting with the applicant. The co-accused Kallu Yadav @ Vijay Shankar Yadav has been granted bail by the coordinate Bench of this Court vide order dated 29.05.2025 passed in Criminal Misc. Bail Application No. 18670 of 2025, hence the applicant is also entitled to be released on bail.
The applicant does not have any criminal antecedent to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 25.04.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the victim is major girl and she has travelled alongwith the applicant upto Mumbai but she did not raise any alarm. She has also stayed with the applicant for a week in Mumbai without any objection. I also find that co-accused Kallu Yadav @ Vijay Shankar Yadav has been granted bail as noted above. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Pankaj Pal be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 7.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad