HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8398 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.114 of 2025, under Sections 137(2), 87, 64(1) BNS and Sections 3/4 of POCSO Act, P.S. Bachhrawan, District Raebareli. 5. In the prosecution case it is alleged that sister of the informant used to talk with the accused applicant. It is alleged that on 19.03.2025 at about 08:00 am, the applicant has enticed away the minor sister of the informant. 6. Learned counsel for the applicant submits that victim on her own accord went away with the applicant to Lucknow and from Lucknow to Kanpur and then to Nagpur and there she met with applicant. She is in relationship with the applicant for the past two months. While giving statement under Section 183 BNSS some improvement has been made by the victim where she has denied that she has been raped. Victim has Versus Counsel for Applicant(s) : Aman Kumar Dhanuk Counsel for Opposite Party(s) : G.A. Arjun .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) refused to undergo medical examination. He submits that the applicant is in jail since 28.03.2025. Applicant has no criminal history. 7. Learned A.G.A. has opposed the bail prayer and has submitted that as per the school record, victim is slightly above 16 years, however, no radio-logical examination has been conducted. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 28.03.2025 having no criminal history, charge-sheet has been filed, statement of the victim under Sections 180 & 183 BNSS, refusal to undergo medical examination by the victim and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Arjun 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, BAIL No. 8398 of 2025 2 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). September 3, 2025 Saurabh Yadav/- BAIL No. 8398 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench