High Court
Case Details
Neutral Citation No. - 2025:AHC:144691 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28832 of 2025 Applicant :- Amit Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Manish Kumar, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Amit Nishad, seeking enlargement on bail during trial in connection with Case Crime No. 105 of 2025, under Sections 137(2), 87, 64(2)Cha, 351(2) BNS, registered at Police Station Pailani, District Banda. 4. The FIR of the matter was lodged on 10.05.2025 by Smt. Rampyari Nishad against the applicant alleging therein that her daughter aged about 17 years and 8 months has been lured and enticed away on 04.05.2025 at about 03:00 pm by the applicant on a promise to marry. She has been searching her daughter after which herself came back home. Amit Nishad may commit some wrongful act with her. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim in her statement recorded under Section 180 BNSS states that her parents wanted to marry somewhere else and thus she without telling anyone left the house after which the applicant met her and took her to Surat where they were staying there. On question her whether Amit committed any wrongful act with her she denies it. Subsequently, in her statement under Section 183 BNSS she states that she was in love with the applicant Amit and who wanted to marry her but she denied the marriage. Later on, on 04.05.2025 at about 03:00 am the applicant met her at Khaptiya market where the applicant stated to her that she accompany with him then they will live together there and they would get marry and then she went with him. He threatened of making viral of her photo and video and she states that there was physical relationship with her. It is further submitted that the present case is a case of elopement. It is submitted that the victim was medically examined and her age was opined by the CMO concerned as 18 years. It is further submitted that the victim refused her internal medical examination. It is submitted while placing para 14 of the affidavit that charge sheet has been submitted against the applicant on 31.05.2025. While placing para 18 of the affidavit that the applicant neither taken any video of the victim nor taken any photo, the same has not recovered from the applicant. It is submitted that the applicant has no criminal history as stated in para 13 of the affidavit and is in jail since 27.05.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the statements of the victim goes to show that she went with the applicant out of her own sweet will. The present case appears to be a case of elopement. Charge sheet in the matter has been submitted against the applicant. The victim is a major girl opined by the CMO concerned. 8. 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. 9. Let the applicant Amit Nishad, 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:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. 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. (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. (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. (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. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. 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. 11. The bail application is allowed.
Decision
12. Pending application(s), if any, shall stand disposed of. Order Date :- 22.8.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad