Ritik Yadav Vs Sttae of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:47085

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2819 of 2025

Applicant :- Ritik Yadav Opposite Party :- Sttae Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Faiz Ahmad Khan,Gyan Singh Counsel for Opposite Party :- G.A.,S.P. Singh Somvanshi

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Hon'ble Karunesh Singh Pawar,J.

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

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2. It is alleged in the prosecution case that daughter of the informant aged about 19 years has been enticed away by the accused applicant on the pretext of marriage. She was recovered by TTE. The complainant came to be informed by Nasik Maharashtra police. It is further alleged that after keeping the victim for several days, the applicant abandoned on the way and went somewhere.

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3. Learned counsel for the applicant submits that the victim is major and remained with the applicant for four days according to her statement under section 180 BNSS and has travelled from one place to another. On the way to Bombay, it is alleged that she was caught by the Train Ticket Examiner. In the statement under section 183 BNSS, improvement has been made and it is admitted by the victim that she was in relationship with the applicant for 1 1/2 years and the applicant used to love her. The applicant has no previous criminal history. The applicant is in jail since 14.11.2024.

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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

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on bail, he shall not misuse the liberty of bail.

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4. Learned A.G.A. and complainant's counsel opposed the prayer for bail, however, the complainant's counsel could not dispute the fact that no alarm was raised by the victim in all these four days.

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5. Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, varied statements of the victim under sections 180 and 183 BNSS, victim is major, relationship between the applicant and the victim is admitted, the victim remained with the applicant for several days without raising any alarm and she kept on travelling along with the applicant, there is lack of corroborative material such as there is no injury in the medical examination and in the pathological report also, no spermatozoa has been found in the vaginal smear, 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.

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6. Let the applicant Ritik Yadav, involved in Case Crime No.357 of 2024 under sections 87, 64, 115, 127(3), 123 BNS, P.S. Raniganj, district Pratapgarh, 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

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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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(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)

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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 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).

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7. The application is allowed accordingly.

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Order Date :- 12.8.2025 kkb/

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

Ritik Yadav v. Sttae of U.P. Thru. Prin. Secy. Home Lko.

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Ritik Yadav v. Sttae of U.P. Thru. Prin. Secy. Home Lko.

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