Neutral Citation No. - 2025:AHC-LKO:48533 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7707 of 2025 Applicant :- Rakesh (Lodhi Rajput) Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Applicant :- Anurag Tripathi 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 on 09.02.2025, the informant’s minor daughter, aged about 15 years, went towards her shop and is missing since then. Learned counsel for the applicant submits that in her statement under Section 180 BNSS, the victim herself stated that she of her own accord went with the applicant to Bareilly. In her statement under Section 183 BNSS as well, she did not support the prosecution case. It is further submitted that she lived with the applicant for about 8 days and got married to him. The medico-legal examination did not reveal any injury or corroborative evidence. As per the ossification test, the victim is 18 years old, whereas her school record reflects her age as 16 years, 7 months, and 20 days. The applicant is in custody since 05.04.2025 and has no criminal antecedents. 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 A.G.A. 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 facts and circumstances of the case, submissions advanced by learned counsel for the parties, statement of the victim recorded under Sections 180 and 183 BNSS, the medical evidence, the age determination report, period of detention and absence of criminal antecedents of the applicant, 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 Rakesh (Lodhi Rajput) involved in Case crime no. 42/2025, under Section 137(2),87, 64(2) (m) B.N.S., Section 5L/6 POCSO Act and Section 3(2)(V) SC/ST Act -Police Station Jagdishpur, District-Amethi, 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 :- 19.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench