Jitendra Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. -12650 of 2025 Court No. -15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. In the prosecution case, it is alleged that the minor daughter, aged about 16 years and studying in Class 10th, has been enticed away by the applicant on the morning of 28.07.2025 while she was going to school. Learned counsel for the applicant submits that in her statement recorded under Section 180 BNSS, the victim denied the story of the prosecution. The victim stated that she went away with the applicant on her own accord and stayed with him for 23 days. In another statement recorded under Section 183 BNSS, the victim stated that she was in a relationship with the applicant and, due to being beaten by her parents, went away with the applicant and stayed with him for two days. No other allegations have been levelled against the applicant by the victim. The complainant also refused to have the victim undergo a medical examination. It is further submitted that the applicant has no criminal history. It has been further submitted that applicant is in jail since 11.10.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Himanshu Singh, Saurabh Kumar Counsel for Opposite Party(s) : G.A. Jitendra Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) On due consideration of aforesaid, including the facts that the applicant having criminal history has been languishing in jail since 11.10.2025, statements of the victim recorded under Sections 180 and 183 BNSS from which prima facie it appears that she on her own accord went with the applicant, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant-Jitendra Kumar, involved in Case Crime/FIR No. 220 of 2025 under Sections 87, 137(2) BNS, Police Station-Baskhari, District-Ambedkar Nagar, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

December 16, 2025 Vinay/- BAIL No. 12650 of 2025 (Karunesh Singh Pawar,J.) High Court of Judicature at Allahabad, Lucknow Bench