Neutral Citation No. - 2025:AHC-LKO:47069 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7495 of 2025 Applicant :- Virendra Kumar @ Rinku Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Mukesh Kumar Sharma,Sabhajeet Rai Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as the learned Additional Government Advocate for the State. Despite service of notice, as informed by the learned AGA, none appears on behalf of the complainant. In the prosecution case, it is alleged that on 06.02.2025 at about 5:00 a.m., the informant’s daughter went missing, taking Rs. 4,000/- in cash and two pairs of clothes. Her date of birth is 21.01.2012. Learned counsel for the applicant submits that, in her statement under Section 180 BNSS, the victim stated that she left home after being annoyed and beaten by her father, taking Rs. 3,000/- to Pratapgarh, then proceeded to Lucknow where she met the applicant and married him on 26.02.2025. In her statement under Section 183 BNSS, she stated that she went from Pratapgarh to Allahabad, where she met and married the applicant. In both statements, she did not support the prosecution case. The radiological examination determined that the victim is a major. She refused to undergo internal medical examination. In the external medical examination, no injury has been found. There is no corroborative medical evidence supporting the prosecution case. The applicant is in custody since 08.06.2025, has no criminal history, and the charge sheet has been filed. 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 the victim’s inconsistent statements under Sections 180 and 183 BNSS; the absence of corroborative medical evidence; the victim being major as per radiological findings; her refusal for internal examination, and the applicant’s continued incarceration since 08.06.2025 without any criminal antecedents, it is a fit case for granting bail. Accordingly, the bail application is allowed. Let the applicant Virendra Kumar @ Rinku involved in Case Crime No. 28/2025, Under Section 137 (2), 87, 65(1) BNS and under section 5/6 of P.O.C.S.O. Act, Police Station Amethi, District Amethi, 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 :- 12.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench