Umesh Vs State of U.P. Thru. Prin. Secy. Home Deptt. — Allahabad HC (2025) — LawSathi Research

Umesh Vs State of U.P. Thru. Prin. Secy. Home Deptt. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Umesh to be released on bail in Case Crime No. 163 of 2025, under Sections 87, 137(2) B.N.S., Police Station Baskhari, District Ambedkar Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) not to tamper with prosecution evidence; (ii) not to pressurize prosecution witnesses; (iii) to appear on each and every date fixed by the trial Court; with liberty to the trial court to impose any other fit conditions.

Issue for consideration

Whether the applicant Umesh should be enlarged on bail in Case Crime No. 163 of 2025, under Sections 87, 137(2) B.N.S., Police Station Baskhari, District Ambedkar Nagar.

Court's answer

The victim's statements under BNSS indicate that she is 17 years old, had voluntarily accompanied the applicant, and refused medico-legal examination.

Ratio / Principle

There being a prima facie absence of enticement, coupled with the applicant being in custody since 11.06.2025, the Court considered it a fit case for grant of bail.

Key takeaways

The observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.obiter¶25

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Karunesh Singh Pawar, J. — Criminal Misc. Bail Application No. 11511 of 2025, decided December 5, 2025: bail allowed to applicant Umesh in Case Crime No. 163 of 2025 under Sections 87, 137(2) B.N.S., Police Station Baskhari, District Ambedkar Nagar. The FIR alleged the informant's daughter was enticed away by the applicant on 06.06.2025 at about 7:00 p.m. Relying on the victim's statements under BNSS that she is 17 years old, had voluntarily accompanied the applicant and refused medico-legal examination, and finding a prima facie absence of enticement, and noting the applicant's custody since 11.06.2025 (charge-sheet filed; counsel submitted no previous criminal history), the Court held it a fit case for grant of bail on a personal bond and two sureties each in the like amount, with conditions against tampering with evidence and pressurizing witnesses and requiring appearance on every date fixed by the trial court. The Court clarified that its observations are confined to the bail application and have no bearing on the merits of the trial.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 11511 of 2025

Umesh

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt.

		..	...Opposite Party(s)
Counsel for Applicant(s)	: Santosh Singh	Kumar Srivastava,	Himanshu
Counsel for Opposite Party(s)	: G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

In the FIR, it is alleged that the informant’s daughter was enticed away by the applicant on 06.06.2025 at about 7:00 p.m.

The submission of learned counsel for the applicant is that, as per her own statement, the victim is 17 years of age and had voluntarily accompanied the applicant, with whom she is in a relationship. It is further submitted that the victim declined to undergo medical examination. The applicant has no previous criminal history and the charge-sheet has already been filed in the matter.

It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

Learned AGA has opposed the bail prayer.

Upon consideration of the material on record, including the victim’s statements under BNSS indicating that she is 17 years old, had voluntarily accompanied the applicant, and refused medico-legal examination, and there being a prima facie absence of enticement, coupled with the fact that the applicant is in custody since 11.06.2025, this Court is of the view that it is a

BAIL No. 11511 of 2025

2

fit case for grant of bail.

Accordingly, the bail application is allowed.

Let the applicant Umesh , involved in Case Crime No.163 of 2025, Under Sections- 87, 137(2) B.N.S. Police Station-Baskhari, District- Ambedkar Nagar, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial Court.

Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.

It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

(Karunesh Singh Pawar,J.)

December 5, 2025 R.C.

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench