HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1162 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that on 23.8.2024 at about 6.00p.m. while the informant was at his farm, his 75 year old mother was at his home and the accused applicant has enticed her 17 year old minor daughter Seema. 3.Learned counsel for the applicant submits that the victim in her statements under sections 180 and 183 BNSS has stated that she on her own accord and free will has gone away with the applicant. The victim has already been examined. She has been declared hostile before the trial court. There is no chance of tampering the prosecution evidence. The applicant has no previous criminal history. The applicant is in jail since 28.8.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail and submits that in the medico-legal examination of the victim, 25 weeks pregnancy has been found. Versus Counsel for Applicant(s) : Sachin Verma, Praveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Santlal Kashyap .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the victim has been examined before the trial court, she has has been declared hostile, there is no chance of tampering evidence, victim was 17 years of age at the time of incident, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Santlal Kashyap, involved in Case Crime No.492 of 2024 under sections 137(2), 87, 64(2) BNS, 5J(11)/6 POCSO Act, 3(2) V SC/ST Act, P.S. Bachharawan, district Raebareli, 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 which are being imposed in the interest of justice:- (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 I.P.C. (now 269 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 84 BNSS) is issued and the applicant fails to appear before the court on BAIL No. 1162 of 2025 2 the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly. September 11, 2025 kkb/ BAIL No. 1162 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench