Neutral Citation No. - 2025:AHC-LKO:41473 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6642 of 2025 Applicant :- Jay Prakash @ Chotu And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. In the prosecution case, it is alleged that while the complainant was not at home, his real sister Khushboo and cousin sister Anju Devi went missing. Upon his return, his wife informed him about the incident. It is further alleged that both were enticed away by the applicants. Learned counsel for the applicants has drawn attention of the Court towards the statements of the victims recorded under Sections 180 and 183 of the BNSS wherein both the victims have stated that they went with the applicants of their own accord and free will. It has been further submitted that it is not a case of enticement and no offence under Sections 137(2) and 87 of the BNS is made out. Both victims declined to undergo medical examination. As per school records, they are above 17 years of age, and no radiological examination was conducted. It is contended that the applicants have been falsely implicated. The charge sheet has already been filed, and the applicants are in custody since 06.06.2025. It is further submitted that there is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are 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 applicants. On due consideration to the fact that the applicants have no criminal antecedents, are in jail since 06.06.2025, the charge sheet has been filed, and taking into account the statements of the victims under Sections 180 and 183 BNSS, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed. Let the applicants Jay Prakash @ Chotu and Mohit Kumar Pasi, involved in Case Crime No. 348/2025, under Sections 137(2)/87 BNS, Police Station - Kheri, District - Lakhimpur Kheri, be released on bail on their 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicants fail 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 (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. Order Date :- 21.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench