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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12986 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 2. By means of this application, the applicant who is involved in Case Crime No. 362 of 2025, under Sections 87, 137(2), 115(2), 352 and 351(2) of B.N.S., P.S. Hussainganj, District-Fatehpur, is seeking enlargement on bail during the trial. 3. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that the victim, who was alleged to have been enticed away by the applicant has not supported the prosecution's case. She in her statement recorded under Section 183 of the B.N.S. (Annexure-7) has categorically stated that she was in love with the accused-applicant and she had left her parental home on her own accord and gone to the house of the applicant at Bahrampur of her own free will and lived there. He also submitted that the alleged victim has come back and has reunited with her parents. He lastly submitted that the applicant, who is in jail since 5.2.2026 and has no criminal antecedents to his discredit, is entitled to be enlarged on bail during pendency of the trial. 4. Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the minor daughter of the informant has been enticed away by the applicant without her wishes and he has committed a crime by Versus Counsel for Applicant(s) : Devendra Singh Counsel for Opposite Party(s) : G.A. Nitesh Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
taking away the minor daughter of the informant, hence he is not entitled to be enlarged on bail. 5. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and considering that the alleged victim has come back and staying with her parents, moreover, the victim did not support the prosecution case, while her statement was recorded under Section 183 of B.N.S., and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. 6.
6. Let the applicant, Nitesh Singh be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release. ii. He will not tamper with the witnesses. iii. He will not indulge in any illegal activities during the bail period. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. April 20, 2026 Faridul BAIL No. 12986 of 2026 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad