Neutral Citation No. - 2025:AHC-LKO:48099 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7467 of 2025 Applicant :- Pankaj Kumar @ Pankaj Kashyap Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Kapil Gupta, Advocate on behalf of respondent no.2 is taken on record. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant as well as perused the record. The accused–applicant seeks bail in Case Crime No. 195 of 2025, registered under Sections 137(2), 87, 64(1) of the Bharatiya Nyaya Sanhita and Sections 3/4 of the POCSO Act, at Police Station Padua, District Lakhimpur Kheri. According to the prosecution case, it is alleged that on 24.04.2025 at about 3:00 a.m., the applicant enticed away the informant’s minor daughter, aged about 17 years, on the pretext of marriage. Learned counsel for the applicant submits that the victim was a consenting party. In her statements recorded under Sections 180 and 183 BNSS, she clearly stated that she had voluntarily gone with the applicant and stayed with him for three days. As per the record, the victim is aged about 17 years and 10 months. No bone age or ossification test has been conducted by the prosecution to determine her exact age. Relying only on the school record, the victim’s age is mentioned as 17 years, 9 months and 29 days. The applicant is in custody since 03.05.2025. Learned A.G.A., as well as learned counsel for the complainant have opposed the prayer for bail. It is submitted on behalf of the complainant that the statement of the victim recorded under Section 183 BNSS was made under pressure. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in custody since 03.05.2025; he has explained the criminal history of six cases in the supplementary affidavit; the victim is approximately 18 years of age and no ossification test has been conducted to ascertain her exact age; the statements of the victim under Sections 180 and 183 BNSS prima facie indicate that she was a consenting party; and there is lack of corroborative material against the applicant and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Pankaj Kumar @ Pankaj Kashyap be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 under Section 229-A of the IPC (now Section 269 BNS). (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 of the IPC (now Section 209 BNS). Order Date :- 18.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench