Neutral Citation No. - 2025:AHC-LKO:39732 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6443 of 2025 Applicant :- Sunil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla 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. 426 of 2012, under Sections 363 and 366 of the Indian Penal Code, Police Station Gauriganj, District Amethi. As per the prosecution case, it is alleged that the minor daughter of the informant was enticed away by the applicant and co-accused Tarun Kumar Upadhyay on 28.08.2012 at about 12:00 noon. Learned counsel for the applicant submits that the victim had left her home of her own free will and consent, and she was approximately 20 years old at the time. It is further submitted that she performed marriage with the applicant on 11.12.2012 according to Hindu rites and rituals, which fact has been recorded in CD-8 by the Investigating Officer. However, her statements under Sections 161 and 164 Cr.P.C. were not recorded during the investigation. It is further submitted that out of the wedlock, three children have been born aged about 11 years, 7 years, and 3 years respectively. The couple went to Ludhiana to earn their livelihood under the impression that the final report had been filed. However, they were surprised to know that a charge sheet had been submitted. It is argued that the charge sheet has been filed on the basis of the school record. The applicant is in jail since 03.06.2025. Learned A.G.A. has not disputed the factual submissions made by learned counsel for the applicant. I have considered the arguments advanced by learned counsel for the parties and perused the material available on record. On due consideration of the facts that the victim’s statements under Sections 161 and 164 Cr.P.C. were not recorded; she was not subjected to medical or radiological examination to determine her age; the charge sheet appears to have been prima facie filed without sufficient material; the victim herself is the deponent of this bail application; and that the applicant is in jail since 03.06.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail. Accordingly, the bail application is allowed. Let the applicant Sunil Kumar be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable 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 IPC (now Section 269 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 IPC (now Section 209 BNS). Order Date :- 11.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench