HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8063 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 3. The accused-applicant seeks bail in Case Crime No.229 of 2025, under Section 87, 64(1), 351(2) BNS, Police Station Mohanlalganj, District Lucknow. 4. In the FIR it is alleged that the minor daughter of the informant aged about 17 years has been enticed away by the applicant on 18.6.2025 at around 7.00 p.m.. It is also alleged that while going away from home the victim has taken the jewellery of the house and Rs.40,000/- cash as well as mobile phone. It is further alleged that upon making complaint to the father of the Amresh and his family members the informant was threatened. 5. Learned counsel for the applicant submits that the victim was a consenting party and had gone away with the applicant of her own accord, which is evident from the very version of the FIR, wherein it is mentioned that she left her home carrying jewellery and Rs.40,000/- in cash. In her statement under Section 180 BNSS, no allegation of rape was made against the applicant rather, she admitted her relationship with the applicant and stated that she had gone with him voluntarily. However, while giving her statement Versus Counsel for Applicant(s) : Eshan Kumar Gupta Counsel for Opposite Party(s) : G.A. Amresh @ Brijesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Lko. .....Opposite Party(s) under Section 183 BNSS, an allegation of rape was introduced for the first time, and even the date of the incident was changed from 18th to 19th, which renders the statement under Section 183 BNSS contradictory to the prosecution story. 6. It is further submitted that there is lack of corroborative medical or other material evidence to support the prosecution case. The applicant has duly explained the criminal history of one case in paragraph 23 of the bail application. The applicant is in jail since 28.06.2025. The charge-sheet in this case has already been filed. 7. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. 8. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. 9. On due consideration to the varied and contradictory statements of the victim under Sections 180 and 183 BNSS; the change of date of incident in the later statement; lack of corroborative evidence in the prosecution case; the applicant is in jail since 28.06.2025; charge-sheet has already been filed in this case 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. 10. Accordingly, the bail application is allowed. 11. Let the applicant Amresh @ Brijesh be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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. BAIL No. 8063 of 2025 2 (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 IPC (now Section 269 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 IPC (now Section 209 BNS). August 27, 2025 Madhu D.R/P.S BAIL No. 8063 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench