Neutral Citation No. - 2025:AHC-LKO:28080 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4120 of 2025 Applicant :- Anuj Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ratnesh Trivedi 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 State and perused the record. 2. This first bail application has been filed with regard to Case Crime No. 74 of 2025, under Sections 87, 123(1), 115(2), 351(2), 352 of BNS, P.S. Kheri, District Lakhimpur Kheri. 3. As per contents of FIR, the incident is said to have taken place on 01.12.2024 when the applicant allegedly enticed away the minor daughter of informant. 4. It is submitted that applicant has been falsely implicated in allegations levelled against him only on account of previous enmity and that in the statements of victim under Sections 108 and 183 BNSS, no allegation of sexual molestation has been imputed against the applicant. It is submitted that the victim's version clearly indicates absurdity of allegation levelled against the applicant since it indicates that the victim was taken by the applicant through various public places such as a bus station and a police station without raising any alarm. It is submitted that applicant is under incarceration since 10.03.2025 without any previous criminal history. 5. Learned AGA has opposed the prayer for bail application with the submission that allegation levelled against the applicant clearly indicates his role in the section imputed against him. It is, however, admitted that applicant does not have any previous criminal history. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that there is no contradiction in the statement of victim but the aspect of her not raising any alarm even while in public places in the company of applicant would require consideration and explanation. The applicant is under incarceration since 10.3.2025 without any previous criminal history. 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. Let applicant, Anuj Kumar 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 :- 14.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench