Neutral Citation No. - 2025:AHC-LKO:46711 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7344 of 2025 Applicant :- Arman Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as the learned Additional Government Advocate for the State. Despite service of notice, as informed by the learned AGA, none appears on behalf of the complainant. In the prosecution case, it is alleged that on 05.06.2025, at about 2:00 a.m., the minor daughter of the informant, aged about 17 years and a student of Class XII, was enticed away by the applicant. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. There are inconsistencies in the victim’s statements recorded under Sections 180 and 183 BNSS. In her statement under Section 183 BNSS, the victim stated that she voluntarily went with the applicant and lived with him. She further admitted that she was in a relationship with the applicant and no force was applied upon her at any point during this period by the applicant. The victim never raised any alarm. It is further submitted that the medical evidence does not support the prosecution case. Although the victim was referred for age determination and X-ray examination by the CMO, however, no ossification test was conducted by the prosecution. 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 statement under Section 183 BNSS, the lack of corroborative material in support of the prosecution case, including the absence of medical evidence and radiological examination, and noting that the victim was aged 17 years, 9 months, and 26 days at the time of the incident, coupled with the fact that the applicant is in custody since 10.06.2025 without any criminal antecedents, I am of the view that it is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Arman involved in Case Crime No. 135/2025 Under Section 87, 137 (2), 64 (1) BNS and Section 3/4 of POCSO Act, Police Station Kamlapur, 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 :- 11.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench