Neutral Citation No. - 2025:AHC-LKO:45805 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5866 of 2025 Applicant :- Abdul Safi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. As per office report, notice to the complainant is served however, none appears for the complainant. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.159 of 2025, under Sections 65(1), 87, 137(2) of BNS and Section 3/4 of POCSO Act and Section 3/5(3) of U.P. Prohibition of Unlawful Conversion of Religion Ordinance Act, P.S. Kotwali Nagar, District Barabanki. In the prosecution case it is alleged that on 17.02.2025 at about 06:00 pm minor daughter of the informant was enticed away by the applicant and taking benefit of dark applicant raped her daughter and coerced her to change religion. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. There is no corroborative medical report in support of the prosecution case. As per radio-logical examination victim is 17 years old. He submits that the applicant is in jail since 13.02.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 13.02.2025, charge-sheet has been filed, applicant has no criminal history, statement of the victim under Section 183 BNSS shows that victim has outrightly denied the prosecution case, as per radio-logical examination victim is 17 years old , however, plus-minus two years of variation is possible on either side in determination of the age as per the ossification test and the applicant being the accused is entitled to the benefit of higher side in view of the judgment of the Supreme Court passed in the case of "Jaya Mala v. Govt. of J & K, (1982) 2 SCC 538" and without expressing any opinion on 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 Abdul Safi 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). (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). Order Date :- 6.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench