HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32242 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant second bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 631 of 2025, under Sections 137(2), 87, 142, 123 B.N.S., Police Station Dakshin, District Firozabad, during the pendency of trial. First bail application of the applicant was dismissed as not pressed vide order dated 29.08.2025 in Criminal Misc. Bail Application No. 29018 of 2025. As per the prosecution case, in brief, the complainant who is father of the victim got a first information report lodged on 18.06.2025 for the offence under Section 87 of B.N.S., 2023, against the applicant and his wife Kallo stating inter alia that on 15.06.2025 his younger daughter, whose date of birth is 01.01.2007, was enticed away by them for solemnizing her marriage with Bhupendra. It is argued by learned counsel for the applicant that on 23.06.2025, victim gave an application to police mentioning inter alia that her father was marrying her to someone else instead of Bhupendra with whom she was in love, therefore, she solemnized marriage with Bhupendra and they are living as husband and wife in Gurgaon. When she came to know that her father lodged F.I.R., she returned. Thereafter, her statement under Section 180 B.N.S.S. was recorded, in which also she had narrated the same story. After two days of recording her statement under Section 180 B.N.S.S., her statement under Section 183 of B.N.S.S. was also recorded on 25.06.2025, in Versus Counsel for Applicant(s) : Arfi, Ram Jatan Yadav Counsel for Opposite Party(s) : G.A. Lala Nagar .....Applicant(s) State of U.P. .....Opposite Party(s) which she had totally changed her version making improvement in the prosecution case and made allegation against the applicant and his brother-in-law. Referring both the statements of the victim it is argued that in the light of application dated 23.06.2025 of the victim which is part of case diary No. 5 and her statement under Section 180 B.N.S.S., her subsequent statement under Section 183 of B.N.S.S. is not liable to be believed that she has given true statement because before giving such statement she was in custody of her parents, hence possibility of mounting pressure upon the victim for giving false and tutored statement cannot be ruled out. Lastly, it is submitted that applicant is brother-in-law (jeeja) of Bhupendra who is main accused in this case. Applicant has no criminal antecedent and is languishing in jail since 22.06.2025. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could 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 as per prosecution case date of birth of the victim is 01.01.2007 and as such on the day of incident she was major aged about 18 years, 05 months and 15 days. Victim has refused for her internal medical examination. In the light of contradictory statement of the victim recorded under Sections 180 and 183 of B.N.S.S., the applicant is entitled to get the benefit of doubt. Considering the overall 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 view that prima facie, the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant-Lala Nagar, 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: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. BAIL No. 32242 of 2025 2 (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 before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. September 22, 2025 Kashifa BAIL No. 32242 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad