HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7856 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 as per instruction that the complainant has been served, and perused the record. 2.It is alleged in the prosecution case that the minor daughter of the complainant aged about 15 years has been enticed away by the accused applicant on 4.5.2025 at about 12.00 noon. 3.Learned counsel for the applicant submits that the victim in her statement under section 180 BNSS has not made any allegation of rape. While giving statement under section 183 BNSS, she has stated that she on her own accord and free will went away to Punjab with accused applicant and made physical relations with him. She on her own came to Farrukhabad. There she was seen by her uncle who informed her father. It is admitted by the victim in her statement that she is in relationship with the applicant and has gone on her own accord with him. Radiololgical age of the victim is 18-19 years. As per school record, she is minor. In the medico legal examination of the victim, no mark of injury has been found. The prosecution case lacks corroborative material. No physical injury has been found on the person of the victim as per statement of doctor. Charge sheet has been filed. The applicant has no previous criminal history. The applicant is in jail since 10.5.2025. Versus Counsel for Applicant(s) : Nishant Srivastava, Vipin Kumar Pal, Vivek Kumar Singh Counsel for Opposite Party(s) : G.A. Neeraj Kumar .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And 4 Others .....Opposite Party(s) 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. 4.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. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, charge sheet has been filed, statements of the victim under sections 180 and 183 BNSS depict that she on her own accord went away with the applicant, there is lack of corroborative material in support of the prosecution case, as per radiological examination, she has been found 18-19 years old, 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 Neeraj Kumar, involved in Case Crime No.0149 of 2025 under sections 137(2)/65(1) BNS, 3/4(2) POCSO Act, P.S. Harpalpur, district Hardoi, 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. BAIL No. 7856 of 2025 2 (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 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. 7856 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench