HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8075 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Learned A.G.A. on the basis of written instructions submits that notices to the complainant is served. 3. None appears for the complainant. 4. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.494 of 2020, under Sections 363, 366, 376 I.P.C. and Sections 5/6 of POCSO Act, P.S. Kotwali Dehat, District Sultanpur. 5.In the F.I.R. it is alleged that minor niece of the informant aged about 17 years has went missing from home since 18.09.2020. Suspicion has been raised on accused Pawan Singh. 6. Learned counsel for applicant submits that victim is major aged about 20 years. She on her own accord went away with the applicant to Gujarat and resided with him for several years. In the statement under Section 164 Cr.P.C. she has again stated that she on her own accord went away with the applicant and resided there for two years. It is alleged that now the applicant is not marrying with the victim. Learned counsel for the applicant submits that relationship between the applicant and victim is Versus Counsel for Applicant(s) : Manmohan Singh, Dilip Kumar Verma Counsel for Opposite Party(s) : G.A. Ashvani Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Opposite Party(s) consensual. No corroborative medico legal report has been found in support of the prosecution case, there is no other material against the applicant. He submits that the applicant is in jail since 12.03.2025. 4. Learned A.G.A. has opposed the bail prayer. 5. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 12.03.2025 having no criminal history, statement of the victim under Sections 161 & 164 Cr.P.C., victim prima facie appears to be a consenting party and has lived with the applicant for years without raising any alarm and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 6. Accordingly, the bail application is allowed. 7. Let the applicant Ashvani Kumar be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 under BAIL No. 8075 of 2025 2 Section 229-A of the Indian Panel Code (now Section 269 of 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 Section 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 of the Indian Panel Code (now Section 209 BNS). August 27, 2025 Saurabh Yadav/- BAIL No. 8075 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench