Neutral Citation No. - 2025:AHC-LKO:47125 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6911 of 2025 Applicant :- Gulam - E- Rasool Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State as well as Smt. Suhana, the mother of the victim who has been produced before this Court in compliance of its earlier order dated 01.08.2025 by Shri Bhanu Pratap Singh, Sub Inspector along with a lady constable. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.431 of 2024, under Sections 87, 137(2), 65(1) BNS and Section 5J(2)/6 POCSO Act, P.S. Bilgram, District Hardoi. In the prosecution case it is alleged that informant who is a Truck Driver found that on 15.08.2024 at about 04:00 am his 15 years old minor daughter went missing. It is alleged that applicant along with the co-accused has enticed her away. Learned counsel for applicant submits that victim in her statement under Section 180 BNSS has not supported the prosecution case. She on her own accord went away with applicant and court marriage took place in Kannauj. She is five months pregnant. In the statement under Section 183 BNSS she has stated that she is 18 years old and went on her own accord, married with the applicant through court marriage, she wants to live with him and does not want to go with her father. It is alleged that the father of the victim is drunkered. Applicant has no criminal history. In the radio-logical examination age of the victim is 15-16 years, however, plus-minus two years of variation is possible on either side in determination of the age as per the ossification test and the applicant being the accused is entitled to the benefit of higher side in view of the judgment of the Supreme Court passed in the case of "Jaya Mala v. Govt. of J & K, (1982) 2 SCC 538". He submits that the applicant is in jail since 23.03.2025. Learned A.G.A. has opposed the bail prayer. The mother of the victim has stated that in the last week, victim has delivered a baby. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 23.03.2025, statement of the mother of the victim and the fact that both applicant and victim have married and as per radio-logical examination two years variation on either side is possible and without expressing any opinion on 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 Gulam - E- Rasool be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (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 of the Indian Panel Code (now Section 209 BNS). Order Date :- 12.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench