Neutral Citation No. - 2025:AHC-LKO:47001 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7515 of 2025 Applicant :- Sonu Kashyap Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Lko. And 3 Others Counsel for Applicant :- Dinesh Kr. Chaudhary 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.21 of 2025 under Sections 137(2), 87, 64(1) BNS and Section 3/4 POCSO Act, Police Station Gaura Chauraha, District Balrampur. In the prosecution case it is alleged that on 27.2.2025 the minor daughter of the informant, aged about 16 years, approximately at 6:00 p.m., the victim went out of her house to attend to nature’s call. At that time, the applicant enticed her away. Learned counsel for the applicant submits that the First Information Report was lodged after a delay of three days. The victim refused to undergo medical examination. In her statement under Section 180 BNSS, she stated that she had gone with the applicant of her own free will. She further disclosed that she was in a love relationship with the applicant and intended to marry him. She stated that she went with the applicant to Balrampur Railway Station, from where they travelled to Mumbai and were married there on 16.04.2025. In her statement under Section 183 BNSS, the victim did not support the prosecution case and reiterated her earlier version under Section 180 BNSS. She also stated that she resided with the applicant for two months in Mumbai. While giving her statement under Section 183 BNSS, the victim stated that, as per her Aadhaar card, she was born in 2006, whereas according to the school certificate, she was born in 2008. Learned counsel for the applicant further submits that the applicant is in jail since 7.6.2025 without having any 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 to the statements of the victim recorded under Sections 180 and 183 BNSS, wherein she has not supported the prosecution case, coupled with her refusal to undergo medical examination; the fact that the applicant has been in judicial custody since 07.06.2025, has no criminal history, and the charge-sheet has already been filed and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Sonu Kashyap 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 :- 12.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench