Neutral Citation No. - 2025:AHC-LKO:46838 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 312 of 2025 Applicant :- Sanjay Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Sumit Kumar Srivastava,Anamika Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Statement of the victim has been filed along with supplementary affidavit, the same is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. Learned A.G.A. on the basis of written instructions submits that notices to the complainant is served. None appears for the complainant. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.304 of 2024, under Sections 363, 366, 120-B, 506, 323, 342 & 376-DA I.P.C. and Sections 5G/6 of POCSO Act, P.S. Kotwali Nagar, District Pratapgarh. In the prosecution case it is alleged that on 05.06.2024 at about 03:45 am minor daughter of the complainant aged about 15 years went outside for nature's call where she was kidnapped by the accused persons on the pretext of marriage. Learned counsel for the applicant submits that in the F.I.R. allegation against the applicant is that he has aided the main accused. In the statement under Section 161 Cr.P.C. victim has taken the name of the applicant however, while giving statement under Section 164 Cr.P.C. victim has made improvement and attempt of rape has been alleged. P.W.1 is the victim who has been declared hostile before the court. Applicant has no criminal history. He submits that the applicant is in jail since 08.10.2024. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 08.10.2024 having no criminal history, victim has been examined before the trial court where she has been declared hostile, there is lack of corroborative medical report or any other corroborative material in support of prosecution case as per radio-logical examination victim is 17 years old and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Sanjay Saroj be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. 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. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the 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 174-A of the Indian Panel Code (now Section 209 BNS). Order Date :- 11.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench