Neutral Citation No. - 2025:AHC-LKO:37763 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6018 of 2025 Applicant :- Nanhu @ Amarjeet Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Himanshu Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. Learned A.G.A. on the basis of instructions submits that the informant has been served, however, none appears for the private respondent. It is alleged in the prosecution case that the minor daughter of the informant aged about 16 years went away from home on 31.10.2024 at about 5.00p.m. to purchase grocery from the shop and while returning, the accused applicant caught hold of her hand and dragged her inside the house. The co-accused persons were also present there. The accused applicant has molested the victim. It is further alleged that several objectionable photographs were taken with the victim by the accused. Learned counsel for the applicant submits that the applicant has been falsely implicated. He is 21 years old student. The applicant has no previous criminal history. No such photograph as alleged in the first information report has been recovered by the prosecution which belies the prosecution case. The statement of the victim under sections 180 and 183 BNSS is at variance. She refused to undergo medical examination. The victim has not been subjected to radio-logical examination deliberately by the prosecution. The applicant is in jail since 8.4.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the facts and circumstances of the case, including the fact that the applicant has no criminal history, the applicant is a young boy of 21 years old, statement of the victim under sections 180 and 183 BNSS, there is no recovery of any photograph, arguments advanced by learned counsel for the parties, the applicant is in jail since 8.4.2025 and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed. Let the applicant Nanhu alias Amarjeet, involved in Case Crime No.43 of 2025 under sections 74, 127(2), 115(2), 352, 351(3) B.N.S., 7/8 of POCSO Act, P.S. Manpur, district Sitapur 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. Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case. Order Date :- 4.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench