Neutral Citation No. - 2025:AHC-LKO:46465 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7391 of 2025 Applicant :- Vivek Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Depttt. Lko. And 3 Others Counsel for Applicant :- Amit Kumar Awasthi,Anand Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State as well as Shri Surya Prakash, learned Advocate who has filed vakalatnama for the applicant which is taken on record. As per the FIR, it is alleged that on 16.02.2025 at around 11:30 p.m., the minor daughter of the informant, aged about 17 years, was enticed away by the applicant along with a co-accused, with the intent of marriage. Learned counsel for the applicant submits that the applicant is innocent. It is further contended that, as per the victim’s statements recorded under Sections 180 and 183 of the BNSS, she accompanied the applicant of her own accord. She declined to undergo medical examination. As per her high school marksheet, she is 17 years, 9 months, and 1 day old. No radiological examination of the victim has been conducted. Learned AGA has opposed the bail application, whereas learned counsel for the complainant has raised no objection to the grant of bail. Having regard to the victim’s statements under Sections 180 and 183 of the BNSS, which prima facie indicate that she went with the applicant of her own accord and stayed with him at Dehradun for several days; her refusal to undergo medical examination; the absence of radiological assessment; the school record showing her age as over 17 years and 9 months; the fact that the charge sheet has already been filed; and considering that the applicant is in custody since 21.04.2025 and has no criminal antecedents, I am of the view that this is a fit case for granting bail. Accordingly, the bail application is allowed. Let the applicant Vivek involved in Case Crime No. 126/2025, U/s- 137(2)/87/64 B.N.S & 5(j)(ii)/6 POCSO Act & 3(2)5 SC/ST Act, P.S.- Bhira, District- Kheri, 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 :- 8.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench