Neutral Citation No. - 2025:AHC-LKO:49321 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7679 of 2025 Applicant :- Anish Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Atul Kumar Singh Gaur Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Notice to the complainant has been served as per the instructions of learned A.G.A, however no one has appeared 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.0157 of 2025 under Section 87, 137(2), 65(1) BNS and 5(L)/6 POCSO Act 2012, Police Station Kothi, District Barabanki. It is alleged in the prosecution case that the minor daughter of the informant, while she was alone in house on 14.6.2025 at about 5:00 p.m., went missing from her home. Upon enquiry, it was revealed that she was found with the applicant at Kaiserganj crossing, who had allegedly enticed her away. In her statement under Section 180 BNSS, the victim stated that she had gone with the applicant to Kanpur, where she resided with him for about five days. In her statement under Section 183 BNSS, she disclosed that her date of birth is 1.10.2007, she has known the applicant for about one year, and both intended to marry. Since their parents were not agreeable, she on her own accord left her home and went with the applicant to Kanpur by train, where they rented a room and stayed together for four days. She specifically stated that no one had enticed her away. In the medico-legal examination of the victim, no corroborative injury or material was found to support the prosecution case, and as per the radiological examination, the victim was found to be major; however, as per the school record, her age is about 14 years and 7 months. 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 facts that in her statements recorded under Sections 180 and 183 BNSS, the victim has not supported the prosecution case; the applicant has no criminal antecedents; no corroborative material has been found in the medico-legal examination of the victim; as per the radiological examination she has been found to be major; and the applicant is in custody since 20.6.2025, and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Anish Kumar 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