HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7746 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 as per instructions has stated that notice to private respondent is served, and perused the record. 2.It is alleged in the prosecution case that on 7.3.2025 in the marriage of daughter of brother of the informant, named accused persons who came in the marriage have enticed away minor daughter of the informant aged about 16 years at 11.00p.m. 3.Learned counsel for the applicant submits that the victim on her own accord and free will went away with the accused persons. She has denied the prosecution case. She has filed a Crl. Misc. W.P. No.2856 of 2025 Smt. Archana and others versus State of U.P. and others for quashing of the first information report, which was entertained by this Court vide order dated 5.5.2025 which is filed as Annexure No.9 to this application. It is submitted that the victim is major as per radiological examination of the victim. As per affidavit filed in the writ petition, filed by the victim, she is 19 years old. The victim has married the co-accused Gunnu in Arya Samaj, which is evident from the marriage certificate which is on record. It is submitted that in the medico legal legal examination of the victim, no use of force has been found nor any other corroborative material has been found. No spermatozoa has been seen alive or dead in the pathological report. There is lack of corroborative evidence. The applicant is innocent Versus Counsel for Applicant(s) : Ankit Mishra, Swati Mishra Counsel for Opposite Party(s) : G.A. Holi @ Sunil .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) and has been falsely implicated. The applicant has explained criminal history of one case in the supplementary affidavit, in which final report has been filed. The applicant is in jail since 14.5.2025. 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. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the fact that the victim has herself filed a petition for quashing of the first information report. 5.Considering the facts and circumstances of the case,the applicant has explained criminal history of one case in the supplementary affidavit which is taken on record, in which final report has been filed, charge sheet has been filed, statements of the victim under sections 180 and 183 BNSS, as per radiological examination, the victim is 18 years old, as per affidavit given before the High Court, she is 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 Holi alias Sunil involved in Case Crime No.98 of 2025 under sections 137(2), 127(3), 70(2), 61(2) BNS, 5(gl)/6 POCSO Act, P.S. Khairighat, district Bahraich,. 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. BAIL No. 7746 of 2025 2 (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 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. 7746 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench