HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8022 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Narayan Datt Tiwari, 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 12.3.2025, the minor daughter of the informant aged about 15 years went away from home without telling anyone. Learned counsel for the applicant submits that the applicant is innocent. As per radiological examination, the victim is major. In the statement of the victim recorded under Section 180 BNSS, no allegation of rape has been levelled against the applicant by her. She has accepted the relations with the applicant since she is married with him. The victim while giving her statement under Section 183 BNSS has denied the prosecution case. No allegation at all has been levelled against the applicant. Besides, the medico legal examination does not corroborate the prosecution case as there is no external or internal injury has been found on the person of the victim. It is further submitted that the applicant has no criminal history and he is languishing in jail since 28.5.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. Versus Counsel for Applicant(s) : Atul Bhushan Pandey Counsel for Opposite Party(s) : G.A. Sani @ Shani .....Applicant(s) State Of U.P. Thru. Chief Secy. Home Lko And 4 Others .....Opposite Party(s) 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 and submitted that the victim is minor. 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 radiological examination, the victim is major; there is lack of corroborative material to support the prosecution case; the applicant has no criminal history; he is languishing in jail since 28.5.2025 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. Accordingly, the bail application is allowed. Let the applicant- Sani @ Shani involved in Case Crime No. 274 of 2025, under Sections 65(1)/87/137(2) of B.N.S. & Section 5L/6 of POCSO Act, Police Station- Kotwali, District- Barabanki, 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 BAIL No. 8022 of 2025 2 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. 8022 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench