Neutral Citation No. - 2025:AHC-LKO:40685 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6391 of 2025 Applicant :- Nikkan @ Pramod Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Balak Ram Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Balak Ram, learned counsel for the applicant, Sri Vishwas Sarashwat, learned Additional Government Advocate for the State and Sri Vikas Verma, learned counsel, who has filed Vakalatnama today on behalf of opposite party No.2/complainant, same is taken on record. 2. Learned counsel for the applicant has filed rejoinder affidavit and learned counsel for complaint has filed short counter affidavit both are taken on record. 3. As per learned counsel for the applicant, the present applicant (Nikkan @ Pramod) is languishing in jail since 24.04.2025 in Case Crime No.0075 of 2025, under Sections 137(2), 87, 64(1), 352 B.N.S., 2023, and Section 3/4 POCSO Act, Police Station- Ahirauli, District- Ambedkar Nagar. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. Attention has been drawn towards the impugned FIR, wherein the date of incident has been indicated as 05.03.2025 but the FIR has been lodged on 08.03.2025 without explaining the delay. The prosecutrix had love affairs with the present applicant and left her house with her own choice. Learned counsel for the applicant has stated that on the basis of transfer certificate (T.C.) the age of the prosecutrix is 17 years 9 months. The medical report does not corroborate the prosecution story and also the statements of prosecutrix under Section 180 & 183 B.N.S.S. are having contradiction. 5. Further attention has been drawn towards the short counter affidavit filed on behalf of the prosecutrix wherein the prosecutrix has stated that being major, she has got married with the present applicant and wants to live with the applicant, recitals to this effect has been given in para-6. 6. Learned counsel for the applicant has further submitted that the present applicant is having criminal history of only one case, which has been explained in the supplementary affidavit. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly. 7. Learned Additional Government Advocate opposed the aforesaid bail application by submitting that at the time of lodging FIR the prosecutrix was minor, however, he conceded this fact that the prosecutrix has got married with the present applicant. 8. Having considered the submissions of learned counsel for the parties and having perused the material available on record; considering the fact that prosecutrix has got married with the present applicant and wants to live with the applicant, the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 9. Accordingly, the instant bail application is allowed. 10. Let the applicant (Nikkan @ Pramod) be released on bail in the aforesaid case crime number 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:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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. (ii) 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 IPC/269 of the B.N.S., 2023. (iii) 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./84 of B.N.S.S., 2023 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/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 16.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench