HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32482 of 2026 Court No. - 72 HON'BLE VIVEK KUMAR SINGH, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant and the learned A.G.A. for the State of U.P. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.311 of 2026, under Sections 137(2) and 87 of B.N.S., Police Station- Khaga, District- Fatehpur. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. As per the prosecution case, the victim was about 16 years of age, and she has been enticed away by the applicant. The alleged incident is said to have taken place on 28.07.2026, whereas the FIR was lodged on 05.08.2026 under Sections 137(2) and 87 of the BNS. The victim was recovered by the police on 05.08.2026. The statement of the victim was recorded under Section 180 of the BNSS, wherein she stated that she was about 19 years of age and that she was brutally beaten by her family members, therefore, she left her house of her own will. No allegation has been levelled by the victim against the applicant; rather, she stated that she went to the house of her grandmother. It is further contended that the victim stated in her statement recorded under Section 183 of the BNSS that she was in love with the applicant and that her marriage was fixed by her family members with some other boy, therefore, she left her house. She expressed her desire to live with the applicant. It is further contended by the learned counsel for the applicant that no prima facie Versus Counsel for Applicant(s) : Rajesh Chandra Gupta, Sudheer Rana Counsel for Opposite Party(s) : G.A. Sahil .....Applicant(s) State of U.P. .....Opposite Party(s) offence is made out against the applicant from a perusal of the statements of the victim recorded under Sections 180 and 183 of the BNSS. The criminal history of one case of the applicant has been well explained in paragraph no. 11 of the supplementary affidavit. Learned counsel for applicant further submits that applicant has been languishing in jail since 09.08.2026 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 5. Per contra, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that there is ample evidence against the applicant regarding his involvement in the offence, therefore, he is not entitled to be released on bail. 6. I have considered the rival submissions of the parties and perused the record. 7. Having considered the rival submissions advanced by learned counsel for the parties, the nature of accusations, the evidence brought on record, the period of incarceration undergone by the applicant, explanation of criminal antecedents, and without expressing any opinion on the merits of the case, this Court finds that the applicant has made out a case for grant of bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Sahil, who is involved in the aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under BAIL No. 32482 of 2026 2 Section 229-A IPC/ 269 B.N.S. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./ 84 B.N.S.S., may be issued and if applicant fails 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 174-A IPC/ 209 B.N.S. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./ 351 of 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 28, 2026 Radhika BAIL No. 32482 of 2026 3 (Vivek Kumar Singh,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad