Harshit Vs State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 3 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 12625 of 2024

Harshit

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Shiv Pal Singh, Ambrish Kumar Counsel for Opposite Party(s) : G.A.

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Court No. - 12

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HON'BLE KARUNESH SINGH PAWAR, J.

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None appears for the complainant, although the notice to the complainant is served.

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

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In the prosecution case, it is alleged that on 17.8.2024 at around 11.00 pm, the minor daughter of the informant aged about 13 years has been enticed away by the applicant. While going away, the victim has taken Rs. 10,000/cash and a mobile along with her.

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Learned counsel for the applicant submits that the applicant is innocent. In the statement under Section 180 BNSS, the victim has levelled an allegation of rape against the applicant only. In the statement under Section 183 BNSS, she has made an improvement and made an allegation of rape against the applicant as well as his father. He submits that the medico legal examination of the victim does not corroborate the prosecution case. It is next submitted that the co-accused Bhure has already been granted bail by the trial court vide order dated 29.10.2024 which is on record as Annexure-9 to the bail application. Moreover, till date, the trial has not yet commenced.

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It is further submitted that the applicant has no criminal history and he is languishing in jail since 28.9.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses.

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BAIL No. 12625 of 2024

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2

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In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 180 and 183 BNSS, lack of corroborative medical evidence in support of the prosecution case, the bail order of the co-accused Bhure so also the fact that according to the statement of the learned counsel for the applicant, the trial has not yet commenced; the applicant has no criminal history; he is languishing in jail since 28.9.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant- Harshit involved in Case Crime No. 332 of 2024, under Sections 137(2), 65(1) of B.N.S.; Section 3/4(2) of POCSO Act; & Section 3(2)(V) of SC/ST Act, Police Station- Dargah Sharif, District- Bahraich, 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 with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

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BAIL No. 12625 of 2024

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3

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(v) 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 in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the 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 209 of B.N.S.

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(Karunesh Singh Pawar,J.)

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September 16, 2025 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Harshit v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 3 Others

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Harshit v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 3 Others

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