Shiva Vs State of U.P. Thru. Prin. Secy. Home and 3 Others

Neutral Citation No. - 2025:AHC-LKO:47672

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6802 of 2025

Applicant :- Shiva Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Ravindra Kumar Yadav,Imran Ul Aziz Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and Shri Avinash Pandey, Advocate who has filed vakalatnama on behalf of the complainant, which is taken on record.

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In the prosecution case, it is alleged that the minor daughter of the informant aged about 17 years has been enticed away by the applicant along with the co-accused on 26.4.2025.

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Learned counsel for the applicant submits that in the statement under Section 180 BNSS, the victim has not supported the prosecution case. She has also stated that she on her own accord went with the applicant and did court marriage and then went to Delhi. The victim while giving her statement under Section 183 BNSS has reiterated the version as stated by the victim in her statement under Section 180 BNSS. They are living as husband and wife. It is next submitted that as per Aadhar card, the date of birth of the victim is 3.5.2007. No ossification test of the victim has been done. Moreover, the victim has refused to undergo medico legal examination.

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It is further submitted that the applicant has no criminal history and he is languishing in jail since 25.5.2025. Charge-sheet in the case has been filed. 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.

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Learned A.G.A. has opposed the prayer for bail of the applicant.

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Learned counsel for the complainant has drawn attention of the Court towards the affidavit filed by him which is on record as Annexure-6 to the bail application and submitted that both the parties have compromised and they agree that the applicant and the victim shall marry, once he is granted bail.

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On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections

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180 and 183 BNSS, refusal to undergo medico legal examination by the victim, the affidavit of the complainant as well as the applicant so also the fact that no ossification test of the victim has been done; the applicant has no criminal history; he is languishing in jail since 25.5.2025 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- Shiva involved in Case Crime No. 89 of 2025, under Sections 137(2), 64(1), 352 of B.N.S. & Section 5M/6 of POCSO Act, Police Station- Sammanpur, DistrictAmbedkar Nagar, 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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(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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Order Date :- 14.8.2025 Shravan

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

Shiva v. State of U.P. Thru. Prin. Secy. Home and 3 Others

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