Neutral Citation No. - 2025:AHC-LKO:48520 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3960 of 2025 Applicant :- Raja Yadav @ Santosh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Mohd. Salman Counsel for Opposite Party :- G.A.,Ana Fatma,Arshad Jameel Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that the minor daughter of the informant aged about 14 years has been enticed away by the applicant on the pretext of marriage with the aid of the co- accused. It is further alleged that on 30.3.2025, the applicant after beating the victim has left her at his dhaba. Learned counsel for the applicant submits that the applicant is innocent. The victim has given contradictory statements in Sections 180 and 183 BNSS. It is submitted that the victim has been examined before the trial court, wherein she has not supported the prosecution case and she has denied that she was kept as bondage or she was enticed or she was raped. Likewise, the mother of the victim, who was examined as PW-2 before the trial court, has been declared hostile. It is further submitted that the applicant has explained the criminal history in para no. 22 of the bail application. He is languishing in jail since 5.4.2025. 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. as well as learned counsel for the complainant have 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 the fact witnesses i.e., PW-1 and PW-2 have turned hostile; there is lack of corroborative material against the applicant; there appears to be no chance of tampering the prosecution evidence; the applicant has explained the criminal history; he is languishing in jail since 5.4.2025 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- Raja Yadav @ Santosh Kumar involved in Case Crime No. 210 of 2025, under Sections 65(1), 87, 137(2), 115(2), 352, 351(3) of B.N.S. & Section 5(j)2/6 of POCSO Act, Police Station- Maurawan, District- Unnao, 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 :- 19.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench