Neutral Citation No. - 2025:AHC-LKO:47388 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7526 of 2025 Applicant :- Shivam Vishwakarma 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. Learned AGA, based upon instructions, submits that the notices to the complainant are served. However, none appears on behalf of the complainant. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the minor daughter of the informant aged about 14 years has been enticed away by the applicant. While going away, she has taken Rs. 35,000/- with her. Learned counsel for the applicant submits that the applicant is innocent. The victim while giving the statement under Section 180 BNSS has stated that she is in relationship with the applicant for the past two years and both have married in the temple. No allegation of enticement and rape has been levelled by the victim on the applicant. Likewise, in the statement under Section 183 BNSS, again the victim has not supported the prosecution case and stated that she of her own accord went with the applicant. It is next submitted that the victim has refused to undergo medico legal examination. The alleged Transfer Certificate (Annexure-6), on the basis of which the victim is alleged to be minor, is false and is contradicted by her own statement under Section 183 BNSS as her age has been shown as 18 years therein. No ossification test of the victim has been done despite several orders of the Court. It is further submitted that the applicant has no criminal history and he is languishing in jail since 4.1.2025. 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 prayer for bail and submitted that the victim is minor aged about 14 years and 10 months. On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 180 and 183 BNSS, refusal to undergo medico legal examination by the victim so also the fact that the applicant has no criminal history; he is languishing in jail since 4.1.2025; charge-sheet in the case has been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Accordingly, the bail application is allowed. Let the applicant- Shivam Vishwakarma involved in Case Crime No. 440 of 2024, under Sections 137(2), 87, 64 of B.N.S. & Section 3/4 of POCSO Act, Police Station- Kamalpur, 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 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 13.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench