Neutral Citation No. - 2025:AHC-LKO:38297 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6175 of 2025 Applicant :- Neeraj Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Sudhir Kumar Rai,Devesh Bahadur Singh 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. In the prosecution case, it is alleged that on 13.03.2025 at around 8:00 p.m., while the minor daughter of the informant went to ease out, the applicant along with others enticed her away. Learned counsel for the applicant submits that the victim, in her statements recorded under Sections 180 and 183 of the BNSS, has not supported the prosecution version. She stated that she of her own accord and free will went away with the applicant after being annoyed with her parents. No corroborative injuries were found during her medical examination. As per the radiological examination report, the victim has been found to be 17 years old. It has been further submitted that margin of error in ascertaining age by radiological examination is two years on either side as held by Supreme Court in Jaya Mala versus Home Secretary, Government of Jammu & Kashmir and others (1982)2 SCC 538 and the applicant being the accused is entitled for giving the benefit on higher side. It is further submitted that the applicant is languishing in jail since 15.05.2025 without having any criminal antecedent. 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. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Perused the record. From the perusal of the victim’s statements recorded under Sections 180 and 183 BNSS, it appears that the applicant’s wife was aware of the relationship between the applicant and the victim. Upon a specific query, the learned AGA informed that the statement of the applicant’s wife has not been recorded by the Investigating Officer. On due consideration to the victim's statements, her medical examination report, and the fact that the applicant is in custody since 15.05.2025 and has no prior criminal antecedents 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 Neeraj involved in Case Crime No. 39/2025, under Sections 87/137(2) BNS, Police Station - Bara Sagwar, District - Unnao, 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 in accordance with law. (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 IPC (now Section 209 of BNS). Order Date :- 7.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench