Neutral Citation No. - 2025:AHC-LKO:47511 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7461 of 2025 Applicant :- Aman @ Aneesh Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Vyas Narayan Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Ankur Srivastava, Advocate on behalf of the complainant 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.09 of 2025 under Section 137(2), 87, 64(2), 61(2), 142 BNS, Section 5/6 POCSO Act, 2012, Section 3(2)(V) of SC/ST Act, police Station Gadaganj, District Raebareli. In the prosecution case, it is alleged that the minor daughter of the informant, aged about approximately 17 years 6 months, was enticed away by the applicant on 9.1.2025 at about 15:00 hours while she was alone. Learned counsel for the applicant submits that the victim, in her statements under Sections 180 and 183 BNSS as well as before the trial court, has not supported the prosecution case. She refused to undergo medical examination, has been declared hostile, and is a major as per her high school certificate. Co-accused Shashi has been granted bail by this Court vide order dated 23.07.2025 (Annexure-8 to the bail application). The applicant has no criminal history. 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 statements of the victim under Sections 180 and 183 BNSS as well as before the trial court, the lack of corroborative evidence in support of the prosecution case, the fact that the applicant has no criminal history, the bail order of co-accused Shashi, and the period of incarceration undergone by 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 Aman @ Aneesh 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 :- 13.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench