Neutral Citation No. - 2025:AHC-LKO:40806 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6561 of 2025 Applicant :- Pankaj Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Anil Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Anil Kumar Maurya, learned counsel for the applicant, Sri Abhishek Kumar Singh, learned A.G.A. for the State and Ms. Priyanshi Maurya, Advocate has filed 'Vakalatnama' on behalf of opposite party no. 2/ complainant, same is taken on record. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 3.6.2025 In Case Crime No. 98 of 2025 u/s 64(1), 331(4) BNS, 2023 & 3/4 POCSO Act, P.S. Malipur, District Ambedkar Nagar. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. which has been lodged against the present applicant as he is the sole accused. The prosecutrix is the complainant herself. Learned counsel for the applicant has stated that the applicant is in affairs with the prosecutrix and he is willing to get married with her. He was under impression that she has attained the marriageable age but he came to know that some months of prosecutrix are short to become major but as soon as she becomes major he will marry her. 4. Ms. Maurya, learned counsel for the prosecutrix / complainant has also stated on the basis of specific instructions that the prosecutrix will marry with the applicant and she has received specific information from the side of the applicant that the applicant and his family members are ready for the same, therefore, Ms. Maurya has stated that such marriage would take place as soon as the prosecutrix attains the marriageable age. 5. Learned counsel for the applicant has has submitted that the present applicant will not only marry with the prosecutrix but shall also look after her properly. The applicant has no criminal history of any kind whatsoever. Charge-sheet has been filed in this case. 6. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 7. 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. 8. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that prosecutrix is the complainant herself, applicant is in affairs with the prosecutrix and he is willing to get married with her, as soon as she becomes major applciant will marry her, complainant counsel has also stated on the basis of specific instructions that the prosecutrix will marry with the applicant and she has received specific information from the side of the applicant that the applicant and his family members are ready for the same, therefore, such marriage would take place as soon as the prosecutrix attains the marriageable age, applicant has no criminal history of any kind whatsoever, charge-sheet has been filed in this case and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 9. Bail application is allowed. 10. Let the applicant Pankaj Pal, involved in aforesaid case crime 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 shall file an undertaking to the effect that he / she 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 / her under Section 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 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 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 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 / her in accordance with law. (v) The applicant shall not leave the country (India) without prior permission of the Court. . (Rajesh Singh Chauhan, J.) Order Date :- 17.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench