HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16709 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Ms. Neetu Pal, the Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.157 of 2026, under Sections 140(1), 115(2), 351(3) B.N.S., Police Station- Kasya, District- Kushinagar. 3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The recovery of the victim is said to have been made from the possession of the applicant and the co- accused Preetam Yadav, who were said to have been accompanying the victim on foot. The statement of the victim recorded under Section 180 BNSS imputes the co-accused Nitesh Yadav @ Mantu Yadav, as the one who was driving the vehicle, however, in the statement of the victim recorded under Section 183 BNSS, the role of driving has been given to the accused Preetam Yadav. The victim has sustained simple injures, which are at odds with the statements recorded under Sections 180 & 183 BNSS. He further contends that the the applicant has no criminal antecedents and he is in jail since 12.03.2026. 4. The Learned A.G.A., on the other hand, has opposed the prayer for grant of bail and has contended that the applicant and the co-accused Preetam Yadav were arrested by the police and from their possession, the victim who is a minor, was rescued. The Learned A.G.A., however, could not dispute the fact that the applicant has no criminal antecedents. Versus Counsel for Applicant(s) : Neetu Pal, Priyanka Singh Counsel for Opposite Party(s) : G.A. Atul @ Amit Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 5. I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record. 6. The applicant is stated to be in jail since 12.03.2026. Co-accused viz. Nitesh Yadav @ Mantu Yadav, who had been assigned the role in the statement recorded under Section 180 BNSS of driving the vehicle, which was used in the abduction of the victim, has been granted regular bail by this Court vide its order dated 06.05.2026 passed in Criminal Misc. Bail Application No. - 15271 of 2026 (Nitesh Yadav @ Mantu Yadav Vs. State of U.P.). The recovery of the victim does not have any independent witness. The statement of the victim recorded under Section 183 BNSS indicates that the recovery may not have been made from the possession of the applicant. 7. Taking into account all the facts and circumstances of the case, prima facie, a case for bail is made out. 8. The bail application is allowed. 9. Let the accused-applicant- Atul @ Amit Yadav, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. BAIL No. 16709 of 2026 2 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. The observations made hereinabove are exclusively for deciding the instant bail application and are not to be considered to be an opinion on the merits of the case. May 18, 2026 Sachin BAIL No. 16709 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad