Neutral Citation No. - 2025:AHC-LKO:38144 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6265 of 2025 Applicant :- Chotu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Surendra Kumar Mishra,Divya Prakash Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No. 301 of 2025, under Sections 87 and 137(2) of the Bharatiya Nyaya Sanhita, Police Station Kheri, District Kheri. In the First Information Report, it is alleged that the applicant enticed away the minor daughter of the informant on 21.05.2025 at 12:00 noon. Learned counsel for the applicant submits that the applicant is innocent and that the victim went with him on her own accord and free will. The statement of the victim recorded under Sections 180 and 183 of the BNSS does not support the prosecution case. It is further submitted that the applicant has no prior criminal history, the charge sheet has already been filed in the matter, and the applicant is in judicial custody since 31.05.2025. Learned A.G.A. has opposed the bail prayer but has not disputed the factual submissions made by the learned counsel for the applicant. It is also not in dispute that there is no corroborative evidence. I have considered the arguments advanced by the learned counsel for the parties and perused the material on record. On due consideration of the facts that the applicant is in jail since 31.05.2025, the charge-sheet has been filed, the victim in her statements under Sections 180 and 183 of the BNSS has not supported the prosecution case, the victim has refused to undergo medical examination, and as per her own statement under Section 180 BNSS she is 16 years old, she has not been subjected to any radiological examination to determine her age, 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 Chotu be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court below 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 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. Order Date :- 7.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench