Neutral Citation No. - 2025:AHC-LKO:46044 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7216 of 2025 Applicant :- Shiv Shankar @ Sajan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Bisunbablu Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State, and Shri Avnish Kumar Tiwari, learned Advocate who has filed a Vakalatnama along with an application for taking a short counter affidavit which is taken on record. A supplementary affidavit filed by learned counsel for the applicant is taken on record. In the prosecution case, it is alleged that on 02.06.2025 at about 5:00 AM, the applicant kidnapped the informant’s minor daughter (aged about16 years), took her to a forested area, raped her, and threatened to kill her if she disclosed the incident. Learned counsel for the applicant submits that the victim, in her statement under Section 180 BNSS, has not supported the prosecution case and instead denied the allegations of kidnapping and rape. She admitted to being in a relationship with the applicant for the past three years. In her statement under Section 183 BNSS, she again has not supported the prosecution case, however, some improvements have been made made and it has been admitted by the victim that physical relationship with the consent of the victim was made by the applicant. As per the radiological examination, she has been found to be 18 years old. The applicant is in jail since 05.06.2025 and has no criminal history. 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 AGA and learned counsel for the complainant opposed the bail application. Upon due consideration the fact that the victim is major as per radiological examination, though school records indicate she is 16 years, 9 months, and 14 days old; the victim, in her statements under Sections 180 & 183 BNSS, out-rightly denied the prosecution case; coupled with the fact that the applicant is languishing in jail since 05.06.2025 without having any criminal antecedents, the Court finds this a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Shiv Shankar @ Sajan involved in Case Crime No. 119 of 2025, U/S 137(2), 351(3), 64(1) B.N.S., & Section 3/4 POCSO Act, Police Station - Shivgarh, District Raebareli, 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 :- 7.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench