Neutral Citation No. - 2025:AHC-LKO:43668 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6974 of 2025 Applicant :- Rajesh Kumar Saroj @ Santu Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Onkar Nath Singh Rathore Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.15 of 2025, under Sections 137(2), 87 BNS, P.S. Fatanpur, District Pratapgarh. In the prosecution case it is alleged that minor daughter of the informant aged about 13 years has been enticed away by the applicant on 14.01.2025. Learned counsel for the applicant submits that victim in her statement under Section 180 BNSS as well as under Section 183 BNSS has not supported the prosecution case. She has clearly stated that she on her own accord and free will went away from home with the applicant and married with him. He submits that victim on her free will stayed with the applicant from 14.01.2025 to 07.04.2025. She herself went to the police station. No corroborative material has been found in the medical examination, there is no external injury present neither there is anything found in the internal examination of the victim. The radio-logical age of the victim is 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". As per the statement of the victim under Section 180 BNSS she is 20 years old. He submits that the applicant is in jail since 12.04.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 12.04.2025 having no criminal history, charge-sheet has been filed, statement of victim under Sections 180 & 183 BNSS, lack of corroborative evidence and the fact that she on her own accord resided with the applicant for several months without raising alarm 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-Rajesh Kumar Saroj @ Santu Saroj 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 :- 29.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench