Neutral Citation No. - 2025:AHC-LKO:45780 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7289 of 2025 Applicant :- Ashish Kumar Patel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ravi Shankar Mishra Counsel for Opposite Party :- G.A.,G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State. None appears on behalf of the complainant, although, as per the instructions of learned AGA, notice to the complainant is served. In the prosecution case, it is alleged that on 27.11.2024 at around 4:00 p.m., the minor daughter of the informant, aged approximately 17 years, was enticed away by the applicant. It is further alleged that the victim took with her an amount of Rs. 50,000/- in cash while leaving. Learned counsel for the applicant submits that a perusal of the statement of the victim recorded under Section 180 of the BNSS indicates that the victim and the applicant were known to each other. However, while recording her statement under Section 183 BNSS, certain improvements have been made by the victim. It is further submitted that there is no corroborative medical evidence to support the prosecution version, and the FIR has been lodged after an unexplained delay of three days. As per the radiological examination, the victim is found to be 19 years old, although school records suggest her age as 17 years, 9 months, and 18 days. 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the improvements made by the victim during the course of the prosecution, the absence of corroborative medical evidence, and the fact that, as per the prosecution itself, the victim left with the applicant along with Rs. 50,000/- in cash, prima facie indicating her consent, along with the fact that the applicant is in custody since 01.01.2025 and has no prior criminal history, I am of the view that this is a fit case for granting bail. Accordingly, the bail application is allowed. Let the applicant Ashish Kumar Patel involved in Case Crime No. 244/2024, U/s-137(2), 87, 64 B.N.S. and section 3/4 POCSO Act, Police Station -Manikpur, District-Pratapgarh, 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