Neutral Citation No. - 2025:AHC-LKO:45499 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1869 of 2025 Applicant :- Teni Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Shyamendra Singh,Rakesh Kumar Yadav,Tej Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Learned AGA, based upon instructions, submits that the notice to the complainant is served. However, none appears on behalf of the complainant. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the daughter of the informant aged about 15 years is missing since 19.5.2024. It is further alleged that the complainant has come to know that she has been enticed away by the accused-applicant. Learned counsel for the applicant submits that the applicant is innocent. The victim in her statements under Sections 161 and 164 CrPC has not supported the prosecution case. She along with the applicant went to Delhi and thereafter Lucknow of her own free will and both of them have married in Sidhauli. He next submits that as per radiology examination, the victim is stated to be 18-19 years old. As per school record, her age is 16 years 3 months and 16 days. There is no corroborative medical evidence. The victim has refused to undergo medico legal examination. It is further submitted that the applicant has no criminal history and he is languishing in jail since 28.6.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that as per the radiology examination, the victim is major; in the statements of the victim recorded under Sections 161 and 164 CrPC, she herself has not supported the prosecution case; all the prosecution witnesses have been examined; there appears to be no possibility of tampering with the evidence coupled with the fact that the applicant has no criminal history; he is languishing in jail since 28.6.2024 and without expressing any opinion on the 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- Teni involved in Case Crime No. 206 of 2024, under Sections 363,366,376 IPC & Section 3/4 of POCSO Act, Police Station- Talgaon, District- Sitapur, 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 5.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench