Neutral Citation No. - 2025:AHC-LKO:47362 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7480 of 2025 Applicant :- Rana Kumar Opposite Party :- Sttae Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others Counsel for Applicant :- Nadeem Murtaza,Pallav Shukla,Shashank Tilhari 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 Kishan Prajapati, learned Advocate who has filed vakalatnama which is taken on record. In the prosecution case, it is alleged that the applicant resides in front of the informant’s house and, on 05.09.2025 at about 2:30 a.m., enticed away the informant’s minor daughter. While searching for his daughter, the informant went to the applicant’s house, where the applicant and his mother allegedly abused and threatened him. Learned counsel for the applicant submits that the victim, in her statement recorded under Section 180 BNSS, made no allegations against the applicant. In her statement under Section 183 BNSS, she stated that she had voluntarily gone with the applicant, was forcibly brought back, and admitted to having a relationship with him. Both expressed their willingness to marry, and the victim acknowledged having physical relations with the applicant. It is further submitted on behalf of the applicant that as per radiological examination, the victim is 16- 17 years old. It has been further submitted that 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. There is also a lack of corroborative medical evidence. As per school records, the victim is 16 years and 4 months old. The applicant is in custody since 06.05.2025 and has no criminal antecedents. 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. Upon due consideration of the victim’s statements under Sections 180 and 183 BNSS, the absence of corroborative medical evidence, the filing of the charge sheet, the applicant’s incarceration since 06.05.2025 without any prior criminal history, and the radiological assessment indicating the victim’s age as 16–17 years, this Court, in light of the judgment in Jaya Mala (supra), finds it a fit case to grant bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Rana Kumar involved in Case Crime No.: 125/2025, Under Section: 137(2), 87, 352 and 351(3) BNS and also Section 64(1) BNS and 3/4 POCSO Act (added during investigation) Police Station: Baskhari, 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 :- 13.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench