HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7857 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State who states on the basis of instructions that the complainant is served, and perused the record. 2.It is alleged in the prosecution case that on 24.5.2025 at about 1.00p.m., the complainant's minor daughter aged about 17 years has been enticed away by the applicant. 3.Learned counsel for the applicant submits that as per school record, the victim is 17 years and 10 days old. No radiological examination has been conducted. The victim as per her statements under sections 180 and 183 BNSS is a consenting parity. She has been in relationship with the applicant for a long time. Only because the phone of the victim was caught by her parents, first information report has been registered which is evident from the statement of the victim. There is lack of corroborative material in support of the prosecution case. No corroborative material has been found in the medico legal examination of the victim. The applicant has no previous criminal history. The applicant is in jail since 27.5.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Anil Kumar Sharma Counsel for Opposite Party(s) : G.A. Amit Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 4.Learned A.G.A. and complainant's counsel opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, statements of the victim under sections 180 and 183 BNSS, radiological examination of the victim has not been conducted by the prosecution nor any reason has been assigned for not doing so, even as per school record, she is 17 years and 10 days old, the victim prima facie appears to be a consenting party, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Amit Verma, involved in Case Crime No.0248 of 2025 under sections 87, 137(2), 64(2)(m) BNS, 5L/6 POCSO Act, 3(2)(v) SC ST Act, P.S. Gosainganj, district Lucknow 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 under BAIL No. 7857 of 2025 2 Section 229-A I.P.C. (now 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. August 26, 2025 kkb/ BAIL No. 7857 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench