Neutral Citation No. - 2025:AHC-LKO:38766 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6295 of 2025 Applicant :- Mithun Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Deepak Kumar 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. It is alleged in the prosecution case that minor daughter of the informant aged about 15 years has been enticed away by the accused applicant on 16.5.2025 at about 10.00a.m.. When the informant returned, she found her daughter missing. Learned counsel for the applicant submits that the victim on her own accord and free will went along with the applicant. Learned counsel has drawn attention of the court towards statement of the Victim under section 180 BNSS. While giving statement under section 183 BNSS, she has not supported the prosecution case and has again stated that she on her own accord went with the applicant as she was in relationship with the applicant. The victim has not been subjected to radiological examination. As per own admission of the victim and medical report, she is 16 years old. The applicant has no previous criminal history. The applicant is in jail since 18.5.2025. 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 victim has not been subjected to radiological examination, she has not supported the prosecution case in her statements under sections 180 and 183 BNSS, she has refused to undergo medical examination, arguments advanced by learned counsel for the parties, the applicant is in jail since 18.5.2025, 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 Mithun, involved in Case Crime No.0095 of 2025 under sections 137(2), 87, 352, 251(3) BNS, P.S. Mahrajganj, district Ayodhya 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 :- 8.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench