HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8006 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. As per the instructions of the learned A.G.A., the complainant has been served with notice. However, none appears on behalf of the complainant. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No. 134/2025, under Sections 87, 137(2), 65(1) B.N.S. and Section 5(1)/6 POCSO Act, Police Station Subeha, District Barabanki. In the prosecution case it is alleged that minor daughter of the informant aged about 14 years has been enticed away by the applicant along with co-accused persons. Learned counsel for the applicant submits that a perusal of the statement of the victim recorded under Section 180 BNSS shows that she was a consenting party. There is no allegation levelled on the applicant in that statement, whereas while giving statement under Section 183 BNSS two more persons Chhotu and Vinod have been introduced as accused, their names were denied by the victim while giving her statement under Section 180 BNSS. For the first time, allegation of rape has been levelled against the applicant. No corroborative material has been found in the Medico Legal Examination of the victim. No opinion about rape has been made by the doctor. In the pathology report also, no corroborative material has come. As per Ossification Test victim is 17 years of age, however, as per the school report, she is 2011 born. Learned A.G.A. has opposed the bail prayer and has submitted that the victim is minor, however he could not dispute the fact that statement of the victim are at variance under Sections 180 and 183 BNSS. Perused the record. On due consideration to the facts that charge-sheet in the case has already been filed; Versus Counsel for Applicant(s) : Farooq Ayoob, Km. Pooja Tiwari Counsel for Opposite Party(s) : G.A. Vinod Kumar @ Birju .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) improvement made by the victim in the prosecution case by giving statement under Section 183 BNSS; lack of any corroborative evidence in the present case in support of the statement of the victim under Section 183 BNSS; radiological age of the victim is 17 years, which may vary two years on either side and the fact that the applicant without any criminal history is is languishing in jail since 28.04.2025 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. Let the applicant- Vinod Kumar @ Birju 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 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 26, 2025 Arvind BAIL No. 8006 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench