HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33834 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Ram Krishna Mishra, learned counsel for the applicant, Sri Ram Jatan Yadav, learned counsel for the first informant and Sri Roshan Kumar Singh, learned A.G.A. for the State. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 136 of 2025, under Sections 87, 137(2) B.N.S., Police Station- Barhan, District Agra. 3. Contention of learned counsel for the applicant is that though the allegation was made against the applicant in the FIR for enticing away the victim girl but the victim, in her statement recorded under Section 180 BNSS, did not support the prosecution version. However, subsequently in her statement recorded under Section 183 BNSS, she has made vague allegation for enticing her away by the applicant. It is further submitted that as per ossification test age of victim is 18 years and FIR was lodged after three days of the incident. The Medical Officer, in her statement, also stated that the victim stated during his medical examination that she herself went with the applicant. He argued that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 09.07.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned counsel for the first informant as well as learned A.G.A. for the State vehemently opposed the prayer for bail and submitted that the victim girl in her statement recorded under Section 183 Versus Counsel for Applicant(s) : Brajesh Kumar Singh, Ram Krishna Mishra, S. K. Rao Counsel for Opposite Party(s) : G.A. Anil Suryavanshi .....Applicant(s) State of U.P. .....Opposite Party(s) BNSS has made specific allegation against the applicant for enticing her away, therefore, no case is made out to release the applicant on bail . 5. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that FIR was lodged on 13.06.2025 for the incident dated 11.06.2025 and the victim girl found to be major in ossification test as well as charge sheet has been filed on 26.08.2025 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. 6. Let the applicant- Anil Suryavanshi 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. October 7, 2025 A.Kr. BAIL No. 33834 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad