HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6798 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Counter affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that on 4.12.2023 at about 03.30 pm in the evening, the minor daughter of the informant aged about 15-16 years has been enticed away by the applicant. Learned counsel for the applicant submits that the applicant is innocent. In the statements under Sections 161 and 164 BNSS, the victim has not supported the prosecution case. As per school records, the date of birth of the victim is 05.03.2006. The incident is of 04.12.2023 and as such, she was more than 17 years of age on the date of incident. It is submitted that while giving statement before the trial court, the victim has also not supported the prosecution case and she has been declared hostile. He submits that the victim has refused to undergo medico legal examination. However, pregnancy test was conducted with her consent, wherein she was found pregnant. It is submitted that the victim wants to live with the applicant. It is further submitted that the applicant has no criminal history and he is languishing in jail since 22.5.2025. 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 Versus Counsel for Applicant(s) : Ankit Gaur, Satyendra Nath Mishra Counsel for Opposite Party(s) : G.A., Abhinav Srivastava Anilesh Kumar Pandey @ Chhotu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant. On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 180 and 183 BNSS, refusal to undergo medico legal examination by the victim so also the fact that the victim herself has been declared hostile by the trial court; there appears to be no chance of tampering the prosecution evidence coupled with the fact that t he applicant has no criminal history; he is languishing in jail since 22.5.2025 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- Anilesh Kumar Pandey @ Chhotu involved in Case Crime No. 221 of 2023, under Sections 363, 366, 376(2) I.P.C. & Section 5J(ii) of POCSO Act, Police Station- Maheshganj, 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 BAIL No. 6798 of 2025 2 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 84 B.N.S.S. 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 209 of B.N.S. September 10, 2025 Shravan BAIL No. 6798 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench