Neutral Citation No. - 2025:AHC-LKO:34858 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5159 of 2025 Applicant :- Rahul Opposite Party :- State Pf U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Rakesh Sharma,Daya Shankar Tiwari,Satya Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. As per the instructions of learned A.G.A. notices to the complainant has been served. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.31 of 2025, under Section 137(2)/87/65(1) BNS, 5L/6 POCSO Act, Police Station Deeh, District Raebareli. In the prosecution case, it is alleged that on 16.01.2025, the complainant's daughter, aged about 19 years, went missing from her home without informing anyone. Despite extensive efforts, she could not be located, and thereafter, a missing report was lodged. The statements of the victim under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) have been recorded. In her statement, she stated that she had gone with the applicant of her own free will, married him, and was residing with him as husband and wife. While giving her statement under Section 183 BNSS, she supported the prosecution version and stated her age to be 18 years. She admitted that she had been in a relationship with the applicant for about one year and had voluntarily gone with him, married him, and lived with him as husband and wife. Learned counsel for the applicant submits that the victim is a consenting party. No external injury was found on the victim at the time of medical examination. Although the medico-legal report mentions that a pregnancy test was conducted, the ultrasound report did not confirm any pregnancy. The applicant has no criminal antecedents. It is lastly submitted that 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 but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration of the submissions advanced, perusal of the record, including the statement of the victim recorded under Sections 180 and 183 of the BNSS, and considering the fact that the applicant has no criminal history and is in jail since 21.03.2025, and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for granting bail to the applicant. Accordingly, bail application is allowed. Let the applicant, Rahul involved in the aforesaid case crime number 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 :- 6.6.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench