Neutral Citation No. - 2025:AHC-LKO:20196 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3015 of 2025 Applicant :- Nihal Mark Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Satish Kumar,Amit Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.106 of 2025, under Section 137(2),87 BNS, Police Station P.G.I., District Lucknow. 3. As per contents of First Information Report which has been lodged against unidentified person, the minor daughter of informant has been enticed away. 4. It has been submitted by learned counsel for the applicant that the applicant has falsely been implicated in the charges levelled against him which could be evident from statement of alleged victim recorded under Sections 180 and 183 BNSS which clearly indicates contradictions not only in the version of victim herself but also with that of allegations levelled in the FIR. It is also submitted that the victim clearly indicated that she has left her house on her own volition. It is further submitted that the applicant does not have any previous criminal history and is under incarceration since 09.03.2025. 5. Learned A.G.A. has opposed the bail application but does not dispute the aforesaid aspects. 6. Upon consideration of submissions advanced by learned counsel for parties, perusal of material available on record and prima facie subject to evidence being led during trial, it appears that FIR has been lodged against unidentified person and even in the statement of victim recorded under Sections 180 and 183 BNSS, there is no allegation levelled against the applicant of enticing away the victim. It also appears that there is no previous criminal history of the applicant. 7. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 8. Accordingly bail application is allowed. 9. 8. Accordingly bail application is allowed. 9. Let applicant, Nihal Mark, involved in the aforesaid case 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 which are being imposed in the interest of justice:- (i) 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. (ii) 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 Penal Code. (iii) 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. 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. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 10.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench