Neutral Citation No. - 2025:AHC-LKO:47623 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7618 of 2025 Applicant :- Anchal Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Bhanu Pratap Singh,Mohd. Tariq Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Sri Surendra Kumar Yadav along with short counter affidavit is taken on record. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.34 of 2025, under Sections 137(2), 87, 64(1) BNS & Section 3/4 POCSO Act, P.S. Kotwali Utraula, District Balrampur. In the prosecution case it is alleged that minor daughter of the informant aged about 16 years has been enticed away by the applicant. Learned counsel for applicant submits that victim in her statement under Sections 180 & 183 BNSS has admitted the relationship with the applicant for the last three years. She on her own accord went away to Surat and there they resided for one month without any objection rather on account of her free will. She has refused to undergo medical examination. No radio-logical examination of the victim has been conducted. She is 16 years old as per the statement of the victim under Section 183 BNSS and as per school record she is 15 years and 7 months old. He submits that the applicant is in jail since 20.04.2025. Learned A.G.A. has opposed the bail prayer however, learned counsel for the complainant has no objection in case the applicant is granted bail. Learned A.G.A. submits that victim is minor and consent of the victim is meaningless. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 20.04.2025 having no criminal history, statement of the victim under Sections 180 & 183 BNSS, victim has refused to undergo medical examination, no radio-logical examination of the victim has been conducted by the prosecution despite several orders of this Court coupled with the fact that affidavit filed by the complainant denying the prosecution case and without expressing any opinion on 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 Anchal Gupta be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS). Order Date :- 14.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench