Roshan Kumar Vs State of U.P. Thru. Prin. Secy. Home Dept.. Lko — Allahabad HC (2025) — LawSathi Research

Roshan Kumar Vs State of U.P. Thru. Prin. Secy. Home Dept.. Lko — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Enlargement of applicant Roshan Kumar on bail in Case Crime No.033 of 2025 (sections 87, 137(2) BNS, P.S. Dahi, district Unnao) on furnishing a personal bond and two sureties each in the like amount, subject to conditions barring tampering with evidence, pressurising/intimidating prosecution witnesses, inducement/threat/promise, adjournment-seeking when witnesses are present, and requiring presence before the trial court, with defaults attracting Section 229-A I.P.C. (now 269 BNS) and, upon misuse of bail liberty followed by failure to answer a Section 82 Cr.P.C. (now 84 BNSS) proclamation, proceedings under Section 174-A I.P.C. (now 209 BNS).

Issue for consideration

Whether the applicant Roshan Kumar should be enlarged on bail in Case Crime No.033 of 2025 under sections 87, 137(2) BNS, P.S. Dahi, district Unnao.

Court's answer

Weighing the facts and circumstances — the applicant's absence of criminal history, the parity with co-accused Lucky alias Lakhvinder Singh already granted bail, the improvement in the victim's section 183 BNSS statement, the filing of the charge sheet, arguments advanced, and the period spent in jail — this Court found it a fit case for enlarging the applicant on bail, expressly without expressing any opinion on the merits.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to imposed conditions: no tampering with evidence, no pressurising/intimidating prosecution witnesses, no inducement, threat or promise to dissuade disclosure, an undertaking not to seek adjournments when witnesses are present, and presence before the trial court on each fixed date (absence permitting action under Section 229-A I.P.C., now 269 BNS).

Key takeaways

If the applicant misuses the liberty of bail during trial and, upon issuance of a proclamation under Section 82 Cr.P.C. (now 84 BNSS) to secure his presence, fails to appear on the proclaimed date, the trial court shall initiate proceedings against him in accordance with law under Section 174-A I.P.C. (now 209 BNS).ratio¶18

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Allahabad, Lucknow Bench (Court No. 14), Criminal Misc. Bail Application No. 2452 of 2025, decided 21.7.2025 by Hon'ble Karunesh Singh Pawar, J. [Neutral Citation No. 2025:AHC-LKO:41659]. Applicant Roshan Kumar sought enlargement in Case Crime No.033 of 2025 under sections 87, 137(2) BNS, P.S. Dahi, district Unnao, arising from the alleged disappearance of the complainant's minor daughter from home on 13.2.2025 at about 8.40 p.m. Counsel pointed out that the victim's statement under section 180 BNSS made no allegation against the applicant, her statement under section 183 BNSS suffered improvement, the medical examination showed no internal injury on examination of private part(s), the school record put her age at 15 years with no radiological examination conducted, the applicant had no previous criminal history and was in jail since 17.2.2025; the charge sheet had been filed, and co-accused Lucky alias Lakhvinder Singh, similarly implicated, had been granted bail on 2.4.2025 by a coordinate Bench in Bail No.2700 of 2025. Considering these circumstances without expressing any opinion on the merits, the Court found it a fit case for bail: release on a personal bond with two sureties each in the like amount, conditioned on no tampering with evidence, no pressurising/intimidating prosecution witnesses, no inducement, threat or promise, an undertaking against adjournment-seeking when witnesses are present, and presence before the trial court on each fixed date; absence without sufficient cause invites action under Section 229-A I.P.C. (now 269 BNS), and misuse of bail liberty with failure to answer a Section 82 Cr.P.C. (now 84 BNSS) proclamation attracts proceedings under Section 174-A I.P.C. (now 209 BNS). Application allowed accordingly.

Neutral Citation No. - 2025:AHC-LKO:41659

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2452 of 2025

Applicant :- Roshan Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Dept.. Lko Counsel for Applicant :- Sudhir Kumar Rai,Dheeraj Awasthi,Shailendra Kumar Mishra

Counsel for Opposite Party :- G.A.,Chetan Kumar Tiwari,Prabhat Kumar Mishra

Hon'ble Karunesh Singh Pawar,J.

1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

2. It is alleged in the prosecution case that on 13.2.2025 at about 8.40p.m., the minor daughter of the complainant without telling anybody has gone somewhere from home and since then, she is missing.

3. Learned counsel for the applicant submits that the victim in her statement under section 180 BNSS has not made any allegation against the applicant. While giving statement under section 183 BNSS, improvement has been made by the victim. In the medical examination, no internal injury is seen at the time of examination of private part(s). As per school record, the victim is 15 years old. No radiological examination has been conducted. The applicant has no previous criminal history. The applicant is in jail since 17.2.2025.

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

4. Learned A.G.A. opposed the prayer for bail and submitted that the victim has been recovered from the accused applicant.

5. Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the co-accused Lucky alias Lakhvinder Singh, against whom similar allegation has been made has been granted bail vide order dated 2.4.2025 passed by a coordinate Bench of this court in Bail No.2700 of 2025, the statement under section 183 BNSS of the victim suffers from improvement, charge sheet has been filed, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

6. Let the applicant Roshan Kumar, involved in Case Crime No.033 of 2025 under sections 87, 137(2) BNS, P.S. Dahi, district Unnao, 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:-

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

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

(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.

(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.

(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 under Section 229-A I.P.C. (now 269 BNS) (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) 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 174-A I.P.C. (now 209 BNS).

7. The application is allowed accordingly.

Order Date :- 21.7.2025 kkb/

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