Shiva Vs State of U.P.

Neutral Citation No. - 2025:AHC:132750

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26901 of 2025

Applicant :- Shiva Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Tripathi,Vimal Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Vimal Kumar Pandey, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

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This bail application under Section 483 of B.N.S.S. has been filed by the applicant Shiva, seeking enlargement on bail during trial in connection with Case Crime No. 36 of 2025, under Sections 87, 69 BNS, registered at Police Station Baburi, District Chandauli.

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The FIR of the matter was lodged on 24.04.2025 by Raju against the applicant alleging therein that on 16.04.2025 in the night his sister ran away from the house. She was taken away on a false promise to marry by Shiva (the present applicant) who then on 23.04.2025 left her at Sahabganj and ran away. She is aged about 19 years. Report be lodged and action be taken.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the FIR in the present matter was lodged under Section 87 BNS, 2023. It is submitted that during investigation Section 69 BNS, 2023 was added in the matter. It is submitted that the the victim is a major girl aged about 19 years. It is submitted that the victim left the house out of her own sweet will and travelled with the applicant to various places through public modes but did not resist or oppose the same. It is submitted that charge sheet has been submitted on 23.05.2025, para 45 of the affidavit has been placed before the Court. It is further submitted that the applicant has no criminal history as stated in para 47 of the affidavit and is in jail

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since 14.05.2025.

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Per contra, learned counsel for the State opposed the prayer for bail.

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After having heard learned counsels for the parties and perusing the records, it is evident that the FIR was lodged under Section 87 BNS, 2023 but during investigation Section 69 BNS, 2023 was added in the matter. The victim is a major girl aged about 19 years. The victim left the house out of her own sweet will and travelled with the applicant to various places as stated by her in her statements under Section 180 BNSS and 183 BNSS. Charge sheet in the matter has been submitted.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant Shiva , be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if 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 BNS, 2023.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Pending application(s), if any, shall stand disposed of.

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(Samit Gopal, J.)

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Order Date :- 6.8.2025 M. ARIF

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Shiva v. State of U.P.

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