Neutral Citation No. - 2025:AHC-LKO:45438 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6909 of 2025 Applicant :- Sunil Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Kaushal Kishore,Shashank Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned AGA for the State. None appears on behalf of the victim, although, notice to the victim is served as per the instructions of learned AGA. In the present case, it is alleged by the prosecution that the informant’s sister, aged about 15 years, has gone missing. It is further alleged that she had telephonic communication with Bewa Pappu. Learned counsel for the applicant submits that the victim in her statement recorded under Section 180 and 183 BNSS, has not supported the prosecution. She of her own accord and free will went away with the applicant. The victim as per radiological examination is 17 years old. No case under Section 65(1) and 137(2) BNS and 3/4 POCSO Act is made out as per the statement of the victim recorded under Section 180 and 183 BNSS. Learned counsel for the applicant submits that the victim, in her statements recorded under Sections 180 and 183 of the BNSS, has not supported the prosecution version. She clearly stated that she went with the applicant of her own accord and free will. As per the radiological examination, the age of the victim is assessed to be 17 years. In view of her statements under Sections 180 and 183 BNSS, no offence under Sections 65(1) and 137(2) of the BNS or Sections 3/4 of the POCSO Act is made out. 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. has opposed the bail application but has not been able to controvert the submissions made by the learned counsel for the applicant. Having considered the statements of the victim recorded under Sections 180 and 183 of the BNSS, the absence of corroborative medical evidence, the radiological assessment of the victim’s age, and the fact that the charge sheet does not appear to disclose the alleged offences, along with the applicant’s incarceration since 20.04.2025 and lack of any criminal antecedents, this Court finds it to be a fit case for grant of bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Sunil involved in Case Crime no. 72/2025, U/s 137 (2), 65 (1) B.N.S., and 3/4 (2) Protection of Children from Sexual Offences Act, Police Station - Pisawan, District Sitapur, 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 bail application and shall have no bearing on the merits of the trial. Order Date :- 5.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench