Neutral Citation No. - 2025:AHC-LKO:38359 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2289 of 2025 Applicant :- Suraj Opposite Party :- State Of Up Thr. Principal Secy. Home Lko And 3 Others Counsel for Applicant :- Sudha,Ashish Gupta,Chandra Prakash Verma,Yogesh Gupta Counsel for Opposite Party :- G.A.,Sarvesh Kumar Pandey Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the accused Chandrashekhar has enticed the daughter of the complainant on 19.3.2024 at about 08.00 am and kept her with him at the place of his relative Suraj. Learned counsel for the applicant submits that the applicant is innocent and has committed no offence as alleged in the prosecution story. In the statement of the victim recorded under Section 161 CrPC, the role of enticing away has been attributed against the co-accused Chandrashekhar and not the present applicant. He next submits that the victim is a consenting party which is evident from her statement under Section 161 CrPC wherein she has admitted that while going away she had taken Rs. 40,000/- cash, silver jewellery, golden chain and other ornaments etc. The victim has refused to undergo medical examination. As per radiology report, her age is stated to be 17 years. It is further submitted that the applicant has no criminal history and he is languishing in jail since 12.12.2024. 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. 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, the statements of the victim recorded under Sections 161 & 164 CrPC so also the fact that the victim has refused to undergo medical examination; the applicant is languishing in jail since 12.12.2024 having no previous criminal history 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- Suraj involved in Case Crime No. 149 of 2024, under Section 368 IPC & Section 16/17 of POCSO Act, Police Station- Machhrehata, 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 82 Cr.P.C./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 Penal Code/209 of BNS. Order Date :- 7.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench