Neutral Citation No. - 2025:AHC-LKO:45602 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7169 of 2025 Applicant :- Akash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Niyaj Ahmad Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned AGA as well as Shri Piyush Tripathi, learned Advocate, who has filed vakalatnama for the complainant which is taken on record. In the prosecution case, it is alleged that on 09.03.2025, the accused enticed away the minor daughter of the complainant. Later, allegation of rape was made, but eventually, the parties resolved the matter. Once again on 01.06.2025, the accused enticed away the victim. Learned counsel for the applicant submits that the victim was a consenting party. The aspect of enticement is absent in the prosecution case which is evident from the victim’s statement recorded under Sections 180 and 183 BNSS. The victim has refused to undergo medical examination. Her radiological age has been assessed to be 16-17 years. It is further argued that the margin of error in ascertaining age by radiological examination is two years on either side as held by Supreme Court in Jaya Mala versus Home Secretary, Government of Jammu & Kashmir and others (1982)2 SCC 538 and the applicant being the accused is entitled for giving the benefit on higher side. According to school records, she is 17 years old. 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 counsel for the complaining opposing the bail application submits that the victim is minor. Learned AGA has also opposed the bail application. On due consideration to the statements of the victim under Section 180 and 183 BNSS which suggest that the victim of her own accord went away with the applicant and they married in Gujarat; the victim has refused to undergo medical examination; her radiological age is 16-17 years, and the element of enticement is missing and the applicant is in jail since 31.06.2025, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Akash involved in Case Crime No.448 of 2025, Under Sections- 137 (2), 87, 64 (1) of B.N.S.,2023 and Sections 3/4 (1) of the Protection of Children from Sexual Offences Act, 2012, Police Station- Kotwali Akbarpur, District- Ambedkar Nagar, 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 :- 6.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench