Neutral Citation No. - 2025:AHC-LKO:45824 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6114 of 2025 Applicant :- Aazad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Bharat Kumar Dixit Counsel for Opposite Party :- G.A.,Mohd. Sabir Farooqui Hon'ble Karunesh Singh Pawar,J. Counter affidavit filed by the State is taken on record. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.134 of 2025, under Sections 137(2), 87, 64(2)(m) of BNS and Section 5/6 of POCSO Act and Section 3(2)(V) of SC/ST Act, P.S. Unchahar, District Raebareli. In the prosecution case it is alleged that on 05.04.2025 at about 11:55 in the night applicant is alleged to have enticed away the minor daughter of the informant aged about 16 years. Learned counsel for applicant submits that victim on her own accord went away with the applicant from her home on 05.04.2025. Victim in her statement under Section 180 BNSS has not supported the prosecution version. No allegation has been made by the victim against the applicant while giving statement under Section 183 BNSS. Applicant has no criminal history. Radio-logical examination of the victim has not been conducted by the prosecution deliberately. Victim as per her statement is 17 years old student of Class-X. From the school record she is 16 years old. In the medico legal examination, no injury has been found on the person of the victim. Victim on her own returned after staying for four days away from home. He submits that the applicant is in jail since 10.04.2025. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer and have submitted that victim was minor at the time of incident. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 10.04.2025, statement of the victim under Sections 180 & 183 BNSS wherein prima facie element of enticement is missing, victim appears to have gone with her own accord, she on her own appears to have returned after staying for four days away from home coupled with the fact that applicant has no criminal history and there is lack of corroborative evidence in support of the prosecution case 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 Aazad 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