Neutral Citation No. - 2025:AHC-LKO:46736 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7436 of 2025 Applicant :- Amar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. As per the instructions of the learned A.G.A., the complainant has been served with notice. However, none appears on behalf of the complainant. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.25 of 2025 under Section 137(2), 87, 64 BNS and Section 3/4 POCSO Act, Police Station Ramgaon, District Bahraich. In the prosecution case it is alleged that minor daughter of the informant, aged about 17 years, has been enticed away by the applicant on 17.1.2025 at about 5 a.m. Learned counsel for the applicant submits that although, in her statement under Section 180 BNSS, it was alleged that the applicant/accused along with his brother-in-law forcibly made her sit in a car and took her to his house at Bhagdawa, Police Station Huzurpur, where she stayed for about two months and was beaten by the accused persons thereafter, from Huzurpur she went to Lucknow by bus, then to Delhi by train, where she started living in a rented house, and subsequently came to Bahraich by bus, however, while giving her statement under Section 183 BNSS, the victim has made improvements over her earlier version. Learned counsel for the applicant further submits that the victim was not subjected to radiological examination; however, as per the school record, she was 17 years, 11 months, and 16 days old at the time of the incident and is thus a major. In her statement under Section 180 BNSS, allegations were levelled against four accused persons, including the applicant. However, upon investigation, the Investigating Officer found the said statement to be false insofar as the co-accused persons are concerned, and their names were dropped while filing the charge-sheet. The charge-sheet has been filed only against the applicant. It is further submitted that the victim is major, resided with the applicant, travelled with him from city to city, and stayed with him for a period of two months and five days without raising any alarm. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. 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 there is no corroborative material on record in support of the prosecution case; the statement of the victim does not inspire confidence; coupled with the fact that the applicant has no criminal history; the applicant is in jail since 29.03.2025; and the charge-sheet has been filed in the matter, 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 Amar Singh 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 :- 11.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench