HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8135 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as Shri Amit Kumar Singh, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. 2. In the prosecution case, it is alleged that the minor daughter of the informant, aged about 16 years and 4 months, was enticed away by an unknown person. On the night of 31.03.2025, she went to sleep, but in the morning of 01.04.2025, she was found missing from her bed. 3. Learned counsel for the applicant submits that the victim voluntarily left with the applicant, as both were in a love relationship for the past 8–9 months. It is further submitted that in her statement recorded under Section 180 BNSS, the victim did not level any allegation of rape. Again, in her statement under Section 183 BNSS, she reiterated that she had gone with the applicant to Punjab of her own free will and had resided with him for about one and a half months. She further stated that she had married the applicant and wished to continue living with him. Even in her statement under Section 183 BNSS, no allegation of rape has been made. 4. It is also submitted that the medical evidence does not support the prosecution version, as no corroborative material was found during the medico-legal examination of the victim. The victim also refused to undergo internal medical examination. The age of the victim, as per the high school certificate, is 16 years and 4 months, whereas the radiological examination assesses her age to be between 17 and 18 years. 5. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the Versus Counsel for Applicant(s) : Shanker Lal Pandey Counsel for Opposite Party(s) : G.A., Amit Kumar Singh Ankit .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 6. Learned AGA and learned counsel for the complainant have opposed the bail application. 7. Upon due consideration of the victim’s statements under Sections 180 and 183 BNSS, wherein no allegation of rape has been made; her conduct indicating that she may be a consenting party; and the absence of corroborative medical or other evidence supporting the prosecution case, coupled with the fact that the applicant is languishing in jail since 07.06.2025 without having any criminal antecedents, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Ankit involved in Case Crime/FIR No. 89/2025, U/s 137(2), 64(2)(m) B.N.S. & 5(L)/6 POCSO Act, Police Station: Aaspur Devsara, District:- Pratapgarh, 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 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 82 Cr.P.C. (now BAIL No. 8135 of 2025 2 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 IPC (now Section 209 of BNS). 10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 1, 2025 R.C. BAIL No. 8135 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench