Neutral Citation No. - 2025:AHC-LKO:43376 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6858 of 2025 Applicant :- Devideen Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the applicant enticed away the minor daughter of the informant, aged approximately 15–16 years. Learned counsel for the applicant submits that the victim, in her statements recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), has not supported the prosecution version. She also declined to undergo medical examination. As per the radiological report, the age of the victim was assessed to be between 16 and 17 years. It has been further submitted that margin of error in ascertaining age by radiological examination is two years on either side as held by Supreme Court in Jaya Mala versus Home Secretary, Government of Jammu & Kashmir and others (1982)2 SCC 538 and the applicant being the accused is entitled for giving the benefit on higher side. The charge sheet in the case has been filed on 12.06.2025, and the applicant is in custody since 11.06.2025. 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 of the victim’s statements under Sections 180 and 183 BNSS, her refusal to undergo medical examination, and the period of incarceration already undergone by the applicant, this Court is of the opinion that it is a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Devideen involved in Case Crime No. 162/2025, under Sections 137(2)/87 of BNS, Police Station Jahangirganj, District - Ambedkar Nagar, 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 :- 28.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench