JUDGMENT : 1. Heard Santosh Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant seeking bail in Case Crime No.170 of 2023, under sections-363, 366 I.P.C., Police Station-Gandhi Park, District-Aligarh. 3. As per version of the F.I.R. lodged by father of the victim, the instant applicant kidnapped his minor daughter. 4. It is contended on behalf of the applicant that the F.I.R. version stands rebutted by the statements given by the victim. She, in her statement recorded under section-161 Cr.P.C., clearly stated that she, on her own, went to her bua's house and from there both of them (the instant applicant and the victim) were turned away; then they went to one more relative of the victim. She has, in categorical terms, said that whatever she did was out of her own free will and volition and that the applicant-Rajesh never misbehaved with her. It is further contented that the matter has not spilled beyond the scope of sections-363, 366 I.P.C.; the applicant cannot be held liable as she has not attributed any criminal intention to him. The applicant is in judicial custody since last two months and that he has no criminal history/antecedents, therefore he is entitled for bail. 5. The application for bail is opposed by the learned A.G.A. However, certain aspects of the case could not be denied. 6. I considered all the facts and circumstances of the matter including statements of the victim. In my view, a case for bail is made out. 7. Let applicant-Rajesh be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) framing of charge and (b) recording of statement under Section 313 Cr.P.C. without exception. 8.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) framing of charge and (b) recording of statement under Section 313 Cr.P.C. without exception. 8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order.