Neutral Citation No. - 2025:AHC-LKO:44983 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7191 of 2025 Applicant :- Salman @ Ameen Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others Counsel for Applicant :- Amrendra Kumar 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. As per the instructions of the learned A.G.A., the complainant has been served with notice. However, none appears on behalf of the complainant. The accused-applicant seeks bail in Case Crime No.50 of 2025 under Section 137(2), 87, 64(1) BNS and Section 3/4POCSO Act, Police Station Kheri, District Kheri. In the prosecution case, it is alleged that the applicant enticed away the daughter of the informant on 11.02.2025 at about 3:00 p.m. Learned counsel for the applicant submits that the victim is a major and a consenting party. She had traveled with the applicant to Mumbai, and both have solemnized marriage. It is further submitted that the victim has been in a relationship with the applicant for the last six years, as per her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). In the medico-legal examination, no corroborative evidence has been found in support of the prosecution case. The applicant has no criminal antecedents, and the charge sheet in the present case has already been filed. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in jail since 26.05.2025; the charge sheet has been filed in the matter; the statement of the victim under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS); the absence of corroborative evidence; and the fact that as per the school records, the victim was 17 years, 9 months, and 29 days old on the date of the incident and is stated to be a consenting party in her statement under Section 183 BNSS and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Salman @ Ameen be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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 IPC (now Section 269 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 IPC (now Section 209 BNS). Order Date :- 4.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench