HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5960 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Learned A.G.A. on the basis of written instructions submits that notices to the complainant is served. 3. None appears for the complainant. 4. The present bail application has been filed by accused-applicant seeking bail in added sections arising out of Case Crime No.17 of 2025, under Sections 65(1) of BNS and Section 5(L)/6 of POCSO Act, P.S. Masauli, District Barabanki. 5. In the prosecution case it is alleged that on 21.09.2024 accused applicant has enticed away the victim. 6. Learned counsel for the applicant submits that applicant is innocent. No allegation has been made by the victim in the statement under Sections 180 & 183 BNSS regarding the added Section 65(1) of BNS and Section 5(L)/6 of POCSO Act. F.I.R. was initially registered under Sections 137(2), 87 BNS wherein bail of the applicant was allowed by the learned sessions judge, bail order is on record as Annexure No.8. He submits that the present bail is pressed in the added Section of 65(1) of BNS and Section 5(L)/6 of the POCSO Act. He submits that the applicant is in jail since 25.01.2025. 7. Learned A.G.A. has opposed the bail prayer. Versus Counsel for Applicant(s) : Suhail Kashif, Rajesh Kumar Counsel for Opposite Party(s) : G.A. Sangram Rawat .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 8. Perused the record. 9. A perusal of the record of Parcha No.5 of the case diary shows that thrice earlier the victim has eloped from her house, she has married with the applicant, no allegation has been made by the victim upon the applicant. In the statement under Section 183 BNSS, she has stated that she herself has returned home. No definite opinion regarding the offence has been mentioned in the medical report. 10. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 25.01.2025, applicant's bail has already been allowed vide order dated 13.02.2025 by the learned court below which are on record, there appears to be prima facie no material to implicate the applicant in the added sections and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 11. Accordingly, the bail application is allowed. 12. Let the applicant Sangram Rawat be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS). BAIL No. 5960 of 2025 2 (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. (now Section 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 Panel Code (now Section 209 BNS). September 17, 2025 Saurabh Yadav/- BAIL No. 5960 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench