Neutral Citation No. - 2025:AHC-LKO:47410 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7478 of 2025 Applicant :- Mateen @ Golu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Faizal Hashmi,Mohd. Ali Abbas Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as the learned Additional Government Advocate for the State. Despite service of notice, as informed by the learned AGA, none appears on behalf of the complainant. In the prosecution case, it is alleged that the informant’s 16- year-old daughter went missing since 20.04.2025. Learned counsel for the applicant submits that, in her statement under Section 180 BNSS, the victim stated that the applicant took her to Chennai on the pretext of marriage, where they lived as husband and wife. However, in her statement under Section 183 BNSS, she did not support the prosecution case and stated that she voluntarily went with the applicant to Chennai and stayed with him for 14 days. The statements under Sections 180 and 183 BNSS are contradictory. Medical evidence does not support the prosecution version, and there is no corroborative material. As per the radiological examination, the age of the victim is 18-19 years. 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. submits that as per the date of birth of the victim, she is minor. Perused the record. The record reflects two different dates of birth for the victim i.e. 11.01.2011 and 01.01.2009. However, as per the radiological assessment indicating her age as 18–19 years, she is considered to be a major. On due consideration of the facts stated above, the contradictory statements of the victim, the fact that the victim travelled with the applicant for several days without raising any alarm, and noting that the applicant is in custody since 04.05.2025 with no criminal antecedents, this Court finds it a fit case to enlarge the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Mateen @ Golu involved in Case Crime No.- 194/2025, Under Sections- 65(1), 137(2), 87 B.N.S & section 3/4 POCSO Act, Police Station- Biswa, District- Sitapur, 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