Neutral Citation No. - 2025:AHC-LKO:42211 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6747 of 2025 Applicant :- Lavlesh Patel Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Ajmal Khan,Javed Khan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State. None appears on behalf of the complainant, although, as per the instructions of learned AGA, notice to the complainant is served. In the prosecution case, it is alleged that the minor daughter of the informant, aged approximately 17 years, went missing. It is further alleged that the applicant, Lavlesh Patel, along with his mother, Jhullar Devi, induced the daughter of the informant. 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 stated that she left with the applicant of her own volition. It is also submitted that her bone age has been determined to be 18 years and she declined to undergo medical examination. The applicant is in custody since 16.02.2025 and has no previous criminal antecedents. 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the statements of the victim recorded under Sections 180 and 183 of the BNSS, the absence of corroborative evidence, her refusal to undergo medical examination, the filing of the charge sheet, and the fact that the applicant is in custody since 16.02.2025 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 Lavlesh Patel involved in Case Crime No. Case Crime No.- 21/2025, U/S-137(2), 87 of B.N.S. and Section-11/12 of POCSO Act, Police Station-Hathigawan, District-Pratapgarh 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