HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8284 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State who stated on the basis of instructions that the complainant is served and perused the record. 2.It is alleged in the prosecution case that on 5.5.2025 at about 5.00 evening, daughter of the complainant aged about 17 years has been enticed away by the applicant. 3.Learned counsel for the applicant submits that the victim in her statement under section 180 BNSS has stated that she on her own accord went away and resided with the applicant at Agra and they married in Arya Samaj Mandir. More or less similar statement has been made by the victim in her statement under section 183 BNSS. There is no allegation made by the victim against the present accused applicant. As per ossification test, the victim is 17-18 years of age. As per High School certificate, she was 16 years and 4 months old on the date of occurrence. No corroborative material has been found in the medico legal examination of the victim. The applicant has no previous criminal history. The applicant is in jail since 3.7.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of Versus Counsel for Applicant(s) : Ajai Kumar, Sachin Yadav, Satyendra Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Aman Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, radio-logical age of the victim is 18-19 years, lack of corroborative material in the prosecution case, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Aman Yadav, involved in Case Crime No.0113 of 2025 under sections 64(1), 137(2), 87 BNS, 5/6 POCSO Act, P.S. Ibrahimpur, district Ambedkar Nagar, 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 under Section 229-A I.P.C. (now 269 BNS) BAIL No. 8284 of 2025 2 (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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. 7.The application is allowed accordingly. September 2, 2025 kkb/ BAIL No. 8284 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench