Neutral Citation No. - 2025:AHC-LKO:34313 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4979 of 2025 Applicant :- Chand Babu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Vijay Shankar Trivedi,Anant Saxena 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. As per the prosecution case, it is alleged that the daughter of the informant aged about 17 years has been allegedly enticed away by the applicant who is already married and the father of four children. While going away, his daughter took Rs. 20,000/- and jewellery with her. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The victim was having relationship with the applicant for the last four years. He further submits that while giving statement under Section 180 BNSS, improvement has been made by the victim and for the first time, the allegation of rape was levelled. He also submits that the victim was not subjected to ossification test. As per the registration certificate (annexure-6 of the bail application), the victim is major. It is further submitted that the applicant has no criminal history and he is languishing in jail since 24.3.2025. 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. has opposed the prayer for bail and submitted that there is a clear allegation of rape in the statement of the victim recorded under Section 180 BNSS. However, she 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, the improvement made by the victim in the statement under Section 180 BNSS so also the fact that the victim has not been subjected to ossification test; the applicant is languishing in jail since 24.3.2025 having no criminal history; charge-sheet in the matter 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- Chand Babu involved in Case Crime No. 153 of 2025, under Sections 87, 137(2), 64(1) B.N.S., Police Station- Thakurganj, District- Lucknow, 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 under Section 229-A of the Indian Penal Code. (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. 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. Order Date :- 3.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench