Neutral Citation No. - 2025:AHC-LKO:43438 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3554 of 2025 Applicant :- Vishal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajendra Singh Kushwaha Counsel for Opposite Party :- G.A. 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 minor daughter of the complainant aged about 14 years has been enticed away by the accused-applicant on 30.1.2025 at about 02.00 am in the night. Learned counsel for the applicant submits that the applicant is innocent. The victim in her statements under Sections 180 and 183 BNSS has not supported the prosecution case. She went away with the applicant of her own free will. The element of enticing away the minor is missing in this case. There is lack of corroborative medical evidence. The radiology examination of the victim has not been conducted. It is further submitted that the applicant has no criminal history and he is languishing in jail since 6.2.2025. Charge-sheet in the case has been filed. 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 of the applicant and submitted that as per the school record, the age of the victim was 13 years 6 months and 13 days at the time of the alleged incident. However, he could not assign any reason as to why the victim was not examined radiologically. On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 180 and 183 BNSS, lack of corroborative medical evidence so also the fact that the applicant has no criminal antecedents; he is languishing in jail since 6.2.2025; charge-sheet in the case has been filed 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- Vishal involved in Case Crime No. 49 of 2025, under Sections 137(2), 87, 351(2) of B.N.S., Police Station- Bheera, District- Lakhimpur Kheri, 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 :- 28.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench