Neutral Citation No. - 2025:AHC-LKO:46281 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7381 of 2025 Applicant :- Wakeel Opposite Party :- State Of Up. 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. Heard learned counsel for the applicant, learned AGA for the State and perused the record. As per the FIR, it is alleged that the minor daughter of the complainant, aged about 16 years, was enticed away by the applicant on 30.04.2025 at around 4:00 p.m. It is further alleged that the applicant brought the victim to his residence two days later. Learned counsel for the applicant submits that the complainant, in his statement under Section 180 of the BNSS, has merely reiterated the version stated in the FIR. The FIR was lodged after a delay of 11 days, and 9 days after the recovery of the victim. It is further submitted that in her statement under Section 180 BNSS, the victim made material improvements by alleging rape. Additional discrepancies were introduced in her statement under Section 183 BNSS, wherein the date of the incident was altered from 30.04.2025 to 07.05.2025. There is also absence of corroborative medical evidence. As per the radiological examination report, the victim's age is assessed to be between 16 and 17 years. The applicant is in custody since 16.05.2025 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. On due consideration to the persistent improvements made by the victim in her statements, the absence of corroborative medical or other supporting evidence, the fact that the charge sheet has been filed, and taking into account that the applicant is in jail since 16.05.2025 without any criminal history, I find it to be a fit case for grant of bail. . Accordingly, the bail application is allowed. Let the applicant Wakeel involved in Case Crime No. 212/2025, Under Section- 137(2), 64, 351(3) BNS & Section 3/4 POCSO Act Police Station - Khairighat, District - Bahraich, 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 :- 8.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench