Neutral Citation No. - 2025:AHC-LKO:49415 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7681 of 2025 Applicant :- Ram Ashish Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. And 3 Others Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 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.111 of 2025 under Sections 137(2), 87, 65(1) BNS and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012,Police Station panchperwa, District Balrampur. In the prosecution case it is alleged that the minor daughter of the informant, aged about 15 years, had gone to the village for some work but did not return. The informant made enquiries in the neighbourhood and among his relatives, where he was informed that three girls of the village had assisted the victim in being enticed away by an unknown boy. Learned counsel for the applicant submits that the victim had gone with the applicant of her own free will. In her statement recorded under Section 180 BNSS, although it is alleged that physical relations were made without her consent, the victim, in her statement before the learned Welfare Committee, clearly stated that no physical relationship had taken place between them. The same statement was reiterated by her under Section 183 BNSS before the Court, as well as before the doctor, where she categorically denied any physical relationship or contact with the applicant. It is, therefore, submitted that this is a case of false implication, as there is no corroborative material in support of the prosecution case. It is further submitted that no ossification test of the victim has been conducted by the prosecution and that the applicant has no criminal history. Learned A.G.A. has opposed the bail prayer of the applicant and submitted that as per the school records the victim is a minor aged about 15 years and 2 months. However, he could not give any explanation as to why the victim has not been subjected to radiological examination. He has further submitted that the investigation is still in progress. I have considered the arguments advanced by learned counsel for the parties and perused the record. Considering the statement of the victim recorded before the doctor and under Section 183 BNSS, as well as before the Child Welfare Committee; the applicant has no criminal antecedents; he is in custody since 15.6.2025; no radiological test has been conducted by the prosecution to ascertain the age of the victim, 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, however, considering the fact that the investigation is ongoing, the Investigating Officer is directed to conduct the ossification/radiological test of the victim to determine her bone age within a period of one week from the date of receipt of a certified copy of this order. Let the applicant Ram Ashish Pal 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