Neutral Citation No. - 2025:AHC-LKO:47315 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7474 of 2025 Applicant :- Vishal Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Ram Singh,Ashish Singh 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 16.05.2025 at about 10:00 a.m., the applicant enticed away the informant’s minor daughter, aged about 16 years. Learned counsel for the applicant submits that the victim of her own accord went away with the applicant, resided with him for 10 days, and, as per her statement under Section 183 BNSS, married him on 18.05.2025. She has expressed her wish to live with the applicant. It is further submitted that the victim refused to undergo both internal and external medical examinations, and no radiological test was conducted. As per the High School marksheet, she was born in 2009, making her over 15 years and 6 months old as per school records. 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 on the ground that the victim is a minor and her consent is immaterial, but could not explain why the investigating officer did not conduct a radiological examination. On due consideration to the victim’s statements under Sections 180 and 183 BNSS, absence of corroborative medical evidence, her refusal to undergo medical examination, the applicant’s incarceration since 30.05.2025 without criminal antecedents, and the fact that the victim has not made any allegation against the applicant but has affirmed her marriage to him and her willingness to reside with him, this Court finds it a fit case to enlarge the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Vishal Yadav involved in Case crime No. 146 of 2025 Under Section. 87, 137(2), 65(1) BNS and 5Tha/6 Pocso Act Act, Police Station- Baskhari, District- Ambedkar Nagar, 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 Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench