ASHISH KUMARversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 31193 of 2025

Ashish Kumar
                                                               .....Applicant(s)
                                     Versus

State Of U.P. And 3 Others
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)      : Devika Kapoor, Pranjal Singh, Salman
                                Ahmad
Counsel for Opposite Party(s) : Bharti Kashyap, G.A.

Court No. - 66
           HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Salman Ahmad, counsel for the applicant, Ms. Bharti
Kashyap, counsel for opposite party nos.3 and 4, Ms. Mayuri Mehrotra,
learned State Law Officer for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail during trial in Case Crime No. 27 of 2025, under Sections
137(2), 87 and 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 5(l) /
6 of the Protection of Children from Sexual Offences Act, 2012, Police
Station Rendhar, District Jalaun.

3. Counsel for the applicant submitted that the FIR was lodged for
disappearance of the victim. It is further submitted that the victim in her
statement recorded under Section 180 and 183 BNSS clearly stated that she
herself left the house along with the applicant and no wrong has been
committed by the present applicant, therefore, the applicant has not
committed any offence. It is further submitted that the applicant has no
criminal history. It is further submitted that charge sheet has been filed in the
present case, therefore, there is no requirement of custodial interrogation.
The applicant is a law abiding citizen and he is languishing in jail since
14.05.2025. In case, he is granted bail, he will not misuse the liberty of bail
and would cooperate in the trial proceedings.

4. Per contra, learned State Law Officer for the State has vehemently
opposed the prayer for bail but could not dispute the aforesaid facts.
                                                            BAIL No. 31193 of 2025
                                  2


5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties; taking into account the statement of the
victim recorded under Section 180 and 183 BNSS and keeping in view the
nature of offence, evidence, complicity of accused and without expressing
any opinion on the merits of the case, I am of the opinion that the applicant
is entitled to be enlarged on bail. Accordingly, the bail application is
allowed.

6. Let the applicant- Ashish Kumar involved in the aforementioned crime
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:-

i. 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.

ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the bond
executed by him.

7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.

9. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official website
of High Court Allahabad and verified by the concerned counsel with the
undertaking that the certified copy will be filed within 15 days.

10. It is further directed that the trial court shall send the release order to the
                                                                                           BAIL No. 31193 of 2025
                                                                      3


                                    concerned jail through Bail Order Management System (BOMS) to ensure
                                    early release of the applicant.

                                    11. Office is directed to send a copy of this order to the applicant through
                                    concerned Jail Superintendent via e-mail or on e-prison portal and Trial
                                    Court via e-mode within 24 hours in compliance of the order of the Apex
                                    Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu
                                    Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024)
                                    10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of
                                    Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025,
                                    decided on 29.05.2026.



                                                                             (Arun Kumar Singh Deshwal,J.)
                                    September 18, 2026
                                    CS/-




Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad