HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8133 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 Rizwanul Haque Ansari, learned Advocate who has filed vakalatnama which is taken on record. 2. In the prosecution case, it is alleged that on 11.06.2025 at about 7:30 p.m., the applicant enticed away the minor daughter of the informant and kept her in secret confinement. 3. Learned counsel for the applicant submits that a perusal of the victim’s statement under Section 180 BNSS indicates that she was a consenting party. She of her own accord went with the applicant to Haridwar and thereafter to Punjab. It is further submitted that even in her statement under Section 183 BNSS, the victim admitted her consent, though with certain improvements. At the time of the incident, the victim was about 17 years of age which is also established through radiological examination. It has been further submitted that margin of error in ascertaining age by radiological examination is two years on either side as held by Supreme Court in Jaya Mala versus Home Secretary, Government of Jammu & Kashmir and others (1982)2 SCC 538 and the applicant being the accused is entitled for giving the benefit on higher side. 4. It is further submitted that there is no possibility of the applicant of Versus Counsel for Applicant(s) : Sumit Chauhan, Ashutosh Srivastava, Pratibha Maurya Counsel for Opposite Party(s) : G.A., Mohd Javed, Priyanka Yadav, Rizwanul Haque Ansari Sanjay Chauhan @ Sanjay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned AGA and learned counsel for the complainant have opposed the bail application. 6. Having considered the inconsistent statements of the victim under Sections 180 and 183 BNSS, the filing of the charge sheet, and the fact that the applicant is in custody since 03.07.2025 without any criminal antecedents, I find it a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Sanjay Chauhan @ Sanjay involved in Case Crime No. 135/2025, U/s-137(2),87,64, (1) B.N.S And 3/4 POCSO Act 2012, P.S- Singahi, District-Kheri, 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 BAIL No. 8133 of 2025 2 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 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). 9. 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. 8133 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench