Neutral Citation No. - 2025:AHC-LKO:47293 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7471 of 2025 Applicant :- Ashok Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Prem Chandra Chauhan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as 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 14.04.2025, the informant’s cousin sister, aged about 16 years, left home for some work but did not return and went missing since then. Learned counsel for the applicant submits that the applicant has been falsely implicated. It is contended that the victim was a consenting party. In her statement under Section 180 BNSS, she stated that she of her own accord went with the applicant and married him in a temple. In her statement under Section 183 BNSS, she admitted being in a love relationship with the applicant and reaffirmed her earlier version under Section 180 BNSS. The victim refused to undergo medical examination, and radiological assessment determined her age to be between 15 and 17 years. 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. The applicant is in custody since 07.05.2025 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 bail application, submitting that the victim’s date of birth is recorded as 26.10.2011, however, as per another certificate of class-VIII, her date of birth is 01.01.2009 and according to that she is more than 16 years of age. On due consideration to the conflicting dates of birth of the victim in the prosecution case, the bone age assessment, the victim’s statements under Sections 180 and 183 BNSS, her refusal to undergo medical examination, and the fact that the applicant is in custody since 07.05.2025 without any criminal history, this Court finds it a fit case for granting bail. Accordingly, the bail application is allowed. Let the applicant Ashok Kumar involved in Case Crime No. 319/2025, U/s 136(2), 87, 65(1) B.N.S. & 4(2) POSCO Act, Police Station Kotwali Sadar, 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 :- 13.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench