Neutral Citation No. - 2025:AHC-LKO:47406 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7533 of 2025 Applicant :- Suny @ Sunny Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Learned AGA, based upon instructions, states that the notice to the complainant is served. However, none appears on behalf of the complainant. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the minor daughter of the complainant aged about 13 years has been enticed away by the applicant. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. As per radiology examination, the victim has been found to be 17 years old. The victim while giving her statement under Section 180 BNSS independently has not levelled any allegation whatsoever against the applicant. While giving statement under Section 183 BNSS, which was given in custody of her mother, the victim has made improvement and has made an allegation of rape on the applicant. She has also stated that both of them have married in the temple. Moreover, there is lack of corroborative material in the medico legal examination of the victim. It is further submitted that in the order of Child Welfare Committee Pratapgarh, the date of birth of the victim has been mentioned as 1.7.2012. However, while rejecting the bail order, learned Additional Sessions Judge, Pratapgarh has mentioned the date of birth of the victim as 1.1.2009. Thus, in view of the contradictory date of birth of the victim, her radiology age has to be treated as correct. It is further submitted that the applicant has no criminal history and he is languishing in jail since 19.4.2025. 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. has 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 submissions advanced, perusal of the record, improvement made by the victim in her statement, lack of corroborative material, the contradictory date of birth of the victim so also the fact the applicant has no criminal history; he is languishing in jail since 19.4.2025 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- Suny @ Sunny involved in Case Crime No. 88 of 2025, under Sections 137(2), 87, 64(1) of B.N.S. & Section 3/4 of POCSO Act, Police Station- Lalganj, District- Pratapgarh, 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 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 13.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench