HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27704 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant, Salman, with a prayer to release him on bail in Case Crime No. 284 of 2025, under Sections 87 BNS, Police Station Akrabad, District- Aligarh, during pendency of trial. 3. There is allegation against the applicant regarding abduction of the daughter of informant with intent to marry. 4. Learned counsel for the applicant has submitted that applicant has not committed any offence and he has been falsely implicated in this case due to ulterior motive. He further submitted that victim is aged aged about 19 years old as per date of birth mentioned in the documentary evidence/educational evidence of class I to class V. He further submitted that victim was not recovered from the possession of the accused- applicant, but she came to her house lonely and this fact is admitted by learned counsel for the informant. He further submitted that as per statement of the victim under Section 183 BNSS, she is in love with applicant and one Shanu and Arbaz has promised her that they will let her marry with applicant and she left her house taking along with her Rs.15,000/- with Shanu and Arbaz towards Delhi, they both left her there taking away Rs.15,000/- and an uncle left her sit in the bus towards Versus Counsel for Applicant(s) : Najam Uz Zaman Khan, Shahnwaz Ahmad Counsel for Opposite Party(s) : G.A., Rakesh Kumar Tiwari Salman .....Applicant(s) State of U.P. .....Opposite Party(s) Aligarh. He has no criminal history to his credit and is languishing in jail since 27.06.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 6. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 7. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order BAIL No. 27704 of 2025 2 to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section under Section 174-A I.P.C./209 B.N.S. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 16, 2025 A.N. Mishra BAIL No. 27704 of 2025 3 (Santosh Rai,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad