Neutral Citation No. - 2025:AHC-LKO:42186 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6748 of 2025 Applicant :- Shashi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Vyas Narayan Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and Shri Ankur Srivastava, learned Advocate who has filed vakalatnama which is taken on record. In the prosecution case, it is alleged that the minor daughter of the informant, aged approximately 17 years and 6 months, was enticed away by the accused Aman on 09.01.2025 at around 3:00 PM while she was alone. Learned counsel for the applicant contends that the victim, in her statements recorded under Sections 180 and 183 of the BNSS, has not supported the prosecution version. She also refused to undergo medical examination. As per her high school certificate, she is a major. There is no corroborative evidence to support the prosecution case and the case appears to be a matter of false implication. The applicant is in custody since 07.03.2025 and has no previous criminal record. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned counsel for the complainant has not opposed the bail application. Although the learned A.G.A. opposed the bail plea, he could not rebut the factual submissions made by the learned counsel for the applicant. On due consideration to the statements of the victim recorded under Sections 180 and 183 BNSS, the absence of supporting evidence for the prosecution case, and the fact that the applicant is in jail since 07.03.2025 without any criminal antecedents, this Court finds it to be a fit case for granting bail to the applicant Accordingly, the bail application is allowed. Let the applicant Shashi involved in Case Crime/FIR No. 09/2025, under Section-61 (2), 142 of B.N.S. Act, 2023, Section-3 16/17 of POCSO Act, 2012, Section-3 (2) V of SC/ST Act & Section-10 of the Prohibition of Child Marriage Act, 2006 Police Station-Gadaganj District-Raebareli 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 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 in accordance with law. (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 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 :- 23.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench