Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33027 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Priya Ranjan Rai, learned counsel for the applicant, Sri Alok Sharma, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 171 of 2025, under Sections 137(2), 87 of B.N.S., Police Station- Tahbarpur, District Azamgarh. 3. Contention of learned counsel for the applicant is that though allegation in the FIR is that applicant has enticed away the daughter of first informant but the daughter of first informant, in her statement recorded under Section 183 BNSS, has clearly stated that she herself left her house in the night and stayed at the home of applicant's friend. Thereafter, the applicant dropped her at her house. It is further mentioned that in the above statement that the victim herself left her house, no one enticed her away. He further submitted that no allegation has been made against the applicant and he has been falsely implicated. He also added that the applicant has no criminal history and he is languishing in jail since 31.07.2025. The charge sheet has already been submitted on 31.08.2025, therefore, there is no requirement for custodial interrogation, therefore, he is entitled to be enlarged on bail. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Priya Ranjan Rai Counsel for Opposite Party(s) : G.A. Shiv Sagar .....Applicant(s) State of U.P. .....Opposite Party(s)
5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6.
Let the applicant- Shiv Sagar involved in the aforementioned 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:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 8, 2025 Imtiyaz BAIL No. 33027 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad