Neutral Citation No. - 2025:AHC-LKO:45997 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7225 of 2025 Applicant :- Pradeep @ Kallu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Sandeep Kumar Srivastava,Krishna Mohan Mishra 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. The accused-applicant seeks bail in Case Crime No. 167 of 2025, under Sections 137(2), 87, and 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 5L/6 of the Protection of Children from Sexual Offences (POCSO) Act, Police Station Lalganj, District Raebareli. As per the prosecution case, it is alleged that the minor daughter of the informant, aged about 15 years, was enticed away by the applicant on 20.04.2025 at around 1:00 PM. Learned counsel for the applicant submits that the victim is a major. In her statement recorded under Section 180 of the Bharatiya Nyaya Sanhita, 2023, she has stated that she went with the applicant of her own free will, resided with him for several days, and married him. In her statement under Section 183 BNSS, she has further stated that she is 19 years of age, denied the prosecution version, and reiterated that she married the applicant and lived with him for several days voluntarily. She also stated that she went to meet the applicant on her own. The victim refused to undergo medical examination. The applicant has no criminal history. 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 has no criminal antecedents, he is in jail since 05.04.2025, no radiological examination has been conducted to determine the age of the victim, and considering the statements of the victim recorded under Sections 180 and 183 of the Bharatiya Nyaya Sanhita, 2023, 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 Pradeep @ Kallu 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 :- 7.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench