Neutral Citation No. - 2025:AHC-LKO:41213 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6602 of 2025 Applicant :- Shivam @ Shambhu Chamar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ghulam Mohammad Kamil 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. 108 of 2025, under Sections 87 and 137(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Ibrahimpur, District Ambedkar Nagar. In the prosecution case, it is alleged that the minor daughter of the informant, aged about 15 years and a student of Class IX, was enticed away by the applicant along with a co-accused. Learned counsel for the applicant submits that the victim voluntarily went away with the applicant and, in her statements recorded under Sections 180 and 183 of the BNSS she has not supported the prosecution case. No specific allegation has been made by the victim against the applicant. It is further submitted that the victim refused to undergo medical examination. In the radiological examination, her age has been assessed to be between 14–15 years. It is contended that the applicant has been falsely implicated. Learned A.G.A. has opposed the bail prayer and submitted that as per the school records, the age of the victim has been found to be 15 years at the time of the incident, and hence, she was a minor. I have considered the submissions advanced by learned counsel for the parties and perused the record. On due consideration of the facts that the applicant has no previous criminal history, he is in jail since 03.06.2025; the victim in this case, in her statements under Sections 180 and 183 BNSS, has not supported the prosecution version and has refused to undergo medical examination; and that prima facie, the offence under Sections 87 and 137(2) BNS does not appear to be made out, and 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 Shivam @ Shambhu Chamar 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 :- 18.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench