Neutral Citation No. - 2025:AHC-LKO:47355 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7523 of 2025 Applicant :- Atul Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. 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 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 while the complainant’s minor daughter, aged about 16 years, had gone to relieve herself, the applicant allegedly gagged her mouth, took her to a nearby school, and threatened her with dire consequences. Learned counsel for the applicant submits that the victim's statements under Section 180 and 183 BNSS are falsified by the testimony of the victim before the Court. The victim, the complainant, and the victim’s mother have been examined and declared hostile. There is no corroborative evidence supporting the prosecution’s case. As per the school records, the victim’s age is 15 years, while the radiological examination indicates her age to be between 14 and 15 years. It is a case of false implication which is evident from the statements of PW-1, PW- 2 and PW-3. The applicant is in custody since 24.03.2025 and has no prior criminal record. 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 AGA has opposed the bail application, submitting that the victim is a minor. Upon due consideration of the victim’s statements recorded under Sections 180 and 183 BNSS as well as her testimony before the Court, the absence of corroborative medical evidence, the filing of the charge sheet, the fact that material witnesses appear to have been examined, and there being no likelihood of tampering with evidence, coupled with the fact that the applicant is in custody since 24.03.2025 without any criminal antecedents, I am of the view that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Atul Verma involved in Case crime No. 191 of 2025, Under Section. 65(1), 351(3) BNS and 3/4 Pocso Act, Police Station- Kotwali Akbarpur, 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