HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16437 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, 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. 12 of 2026, under Sections 137(2), 87, 61(2) of B.N.S., Police Station- Suriyawan, District- Bhadohi. 3. The Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case. The applicant never abducted the victim. The victim is said to be a friend of the applicant's daughter and the role of the applicant, as given in the statement u/s 183 BNSS of the victim, is neither of abduction nor of sexual assault on the victim. A charge sheet has been filed and the applicant is no longer required for any custodial interrogation. The applicant has no criminal antecedents and he is in jail since 19.2.2026. 4. The Learned A.G.A., on the other hand, has opposed the prayer for grant of bail and has contended that the applicant had kept the victim at his home for 6-7 days and thereafter, on coming to know that the police was looking for the victim, handed over the victim to the co-accused Dilshad who took her to Pune and also committed rape upon her. The applicant is also involved in the occurrence and he cannot be considered for grant of bail. Learned A.G.A. has further contended that the applicant has a criminal history of one case under the Essential Commodities Act. Versus Counsel for Applicant(s) : Archit Mishra, Saurabh Chaturvedi Counsel for Opposite Party(s) : G.A. Ramesh Jaiswal .....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. Perusal of the statement u/s 183 BNSS of the victim, indicates that the victim was beaten by her aunt (chachi), as she used to talk to a classmate of hers. The victim is said to have gone to the house of her friend, who is the daughter of the applicant. The applicant is said to have kept the victim for 6-7 days at his own home, whereafter, the applicant allegedly on coming to know that the police was searching for the victim, handed her over to his friend Dilshad Ali. Further allegations in the statement of the victim indicate that co-accused Dilshad subjected her to rape and she was also recovered from the possession of Dilshad. From the consideration of the statement of the victim, recorded under Section 183 BNSS, in the prima facie opinion of this Court, no offence of abduction is made out. The applicant is not stated to have sexually assaulted the victim. Neither the victim has been recovered from the possession of the applicant nor has any incriminating material been recovered from the possession or on the pointing out of the applicant. The applicant is in jail since 19.2.2026. 7. Taking into account the entire 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- Ramesh Jaiswal, 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 BAIL No. 16437 of 2026 2 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. 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 14, 2026 Vandana BAIL No. 16437 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad