Neutral Citation No. - 2025:AHC-LKO:49397 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7676 of 2025 Applicant :- Munaf @ Mujeeb @ Munav Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sandeep Singh 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.91 of 2025, under Section 137(2), 87, 64(1) BNS and Section 3/4 POCSO Act, Police Station Dargah Sharif, District Bahraich. In the prosecution case it is alleged that the daughter of the informant, aged about 16 years, has been missing since 12 O'clock, and suspicion has been raised with respect to mobile number 8882134582. Learned counsel for the applicant submits that as per the statement of the victim recorded under Sections 180 and 183 BNSS, the victim is a major aged about 19 years. She on her own accord went away with the applicant and was not enticed away. The victim has also refused to undergo medical examination. It is further submitted that the charge-sheet has already been filed and there is no corroborative material in support of the prosecution case. The statement of the victim itself does not support the prosecution version. Learned A.G.A. has opposed the prayer for bail and submitted that as per the school records the victim is a minor aged about 16 years, 6 months and 10 days. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the victim in her statement recorded under Sections 180 and 183 BNSS, has stated her age to be 19 years and has not made any allegation against the applicant; she has refused to undergo medical examination; the applicant has no criminal antecedents; the charge-sheet has been filed; the applicant is in jail since 17.5.2025, 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 Munaf @ Mujeeb @ Munav Khan 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 :- 22.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench