HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7873 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as Shri Kuldeep Gupta, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. 2. In the FIR, it is alleged that on 07.06.2025 at about 1:30 p.m., the informant’s minor daughter, aged around 17 years, went towards her school but did not return. It is further alleged that a person using mobile number 9336395537 enticed the victim away. 3. Learned counsel for the applicant submits that the victim’s date of birth is 02.09.2008 and, as per school records, she was 17 years old on the date of the alleged incident. The victim refused to undergo medical examination and no radiological test was conducted. In her statements under Sections 180 and 183 BNSS, the victim stated that she voluntarily went with the applicant to Delhi, where they solemnized marriage. It is further submitted that the case does not disclose any allegation of enticement. The charge sheet has already been filed. The applicant is languishing in jail since 15.06.2025 without having any 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. 4. Learned AGA as well as learned counsel for the complainant opposed the Versus Counsel for Applicant(s) : Nijam Ahamad Counsel for Opposite Party(s) : G.A. Ansit Vishwakarma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) bail application. 5. Considering the victim’s statements under Sections 180 and 183 BNSS, the absence of any criminal antecedents of the applicant, his incarceration since 15.06.2025, and the victim’s refusal to undergo medical examination, I find it to be a fit case for granting bail to the applicant. 6. Accordingly, the bail application is allowed. 7. Let the applicant Ansit Vishwakarma, involved in Case crime No.243 of 2025, Under Section: 137(2), 64(1) BNS and section 3/4 of Pocso Act, Police Station: Jalalpur, District: Ambedkar Nagar, 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 BAIL No. 7873 of 2025 2 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). 8. 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. August 27, 2025 R.C. BAIL No. 7873 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench