HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8257 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Notice to the complainant has been served as per the instructions of learned A.G.A, however no one has appeared 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 accused-applicant seeks bail in Case Crime No.186 of 2025 under Section 137(2), 87 and 64(1) BNS and 5(j)(ii)/6 POCSO Act, Police Station Kheri, District Lakhimpur Kheri. In the prosecution case it is alleged that minor daughter of the informant aged about 16 years has been enticed away on 16.4.2025 at about 5 p.m. by the applicant. Learned counsel for the applicant submits that in her statement under Section 180 BNSS, the victim categorically stated that she had gone with the applicant on her own accord and that no wrong had been done to her. In her subsequent statement under Section 183 BNSS also, the victim reiterated that she had gone with the applicant voluntarily, she wished to live with the applicant, and no force had been applied upon her. It is further submitted that the victim refused to undergo internal medical examination. In the external medical examination, she was found to be pregnant; however, at the time of such examination, the victim again denied the prosecution story. Versus Counsel for Applicant(s) : Sumit Chauhan Counsel for Opposite Party(s) : G.A. Ravi @ Kallu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) Learned counsel further submits that the age of the victim is doubtful. In her statement under Section 180 BNSS, she herself disclosed her age to be about 18 years, i.e., a major. The victim has not been subjected to radiological examination and the certificate required under Section 94 of the Juvenile Justice Act has not been collected by the Investigating Officer. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant has no criminal history, he is in jail since 28.04.2025, the charge sheet in the case has already been filed, and prima facie it appears that the determination of age of the victim, as alleged by the prosecution, is contrary to the provisions of Section 94 of the Juvenile Justice Act 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 Ravi @ Kallu 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. (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. BAIL No. 8257 of 2025 2 (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). September 2, 2025 Madhu D.R/P.S BAIL No. 8257 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench