HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8024 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Vijay Kumar, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that on 31/1.6.2025 in the night, the daughter of the informant has been enticed away by the applicant. The victim while going away has taken Rs. 5,000/- and some jewellery along with her. Learned counsel for the applicant submits that the applicant is innocent. The victim is major and a consenting party. As per her statement under Section 180 BNSS, she went away with the applicant on her own free will and wants to marry with him. In her statement under Section 183 BNSS, she has reiterated the aforesaid version. Moreover, the relationship with the applicant has been admitted by her. It is submitted that the victim has refused to undergo medico legal examination. As per school record, she is 17 years, 9 months and 25 days old. No radiological examination of the victim has been conducted. It is further submitted that the applicant has no criminal history and he is languishing in jail since 3.6.2025. There is no possibility of the applicant of Versus Counsel for Applicant(s) : Gunjan Pandey, Devesh Pandey, Rishabh Srivastava Counsel for Opposite Party(s) : G.A. Chotu Chaudhari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 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. as well as learned counsel for the complainant have 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 submissions advanced, perusal of the record, the statements of the victim recorded under Sections 180 and 183 BNSS so also the fact that as per the statement of the victim, she is major; as per school record, she is almost 17 years and 10 months old; no radiological examination of the victim has been conducted; the applicant has no criminal history; he is languishing in jail since 3.6.2025; charge-sheet in the case has been filed and 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- Chotu Chaudhari @ Sandeep involved in Case Crime No. 72 of 2025, under Sections 137(2), 64, 87 of B.N.S. & Section 3/4 of POCSO Act, Police Station- Gadaganj, District- Raebareli, 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 BAIL No. 8024 of 2025 2 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 84 B.N.S.S. 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 209 of B.N.S. August 26, 2025 Shravan BAIL No. 8024 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench