HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8310 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as well as learned AGA for the State. None appears on behalf of the complainant, although, as per the instructions of learned AGA, notice to the complainant is served. It is alleged in the prosecution case that the complainant?s minor daughter, aged about 16 years, was enticed away by the applicant along with the co-accused. Learned counsel for the applicant submits that the present complaint was registered on the basis of an application under Section 156(3) Cr.P.C. However, in her statement under Section 200 Cr.P.C., the complainant changed the prosecution story and alleged that the incident occurred inside her house. Further, in her statement under Section 202 Cr.P.C., the victim again changed her version and alleged that the incident took place in Delhi and Rajasthan. It is also argued that the applicant has no criminal antecedents; there is no corroborative material supporting the prosecution story; no motive has been attributed to the applicant; and there is no independent witness in this case. It is next submitted that the co-accused Vivek Verma has already been granted bail by this Court vide order dated 22.8.2025 passed in Criminal Misc. Bail Application No. 7837 of 2025. Hence, the present applicant Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Anuj Patel .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Opposite Party(s) claims parity. It is further submitted that there is no possibility of the applicant of 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. 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. On due consideration to the fact that the prosecution story has been improved at every stage by the victim; prima facie the prosecution case lacks corroborative evidence, coupled with the fact that the applicant is in custody since 02.05.2025 without having any criminal antecedents, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Anuj Patel involved in S.T. No. 1091/2023, Complaint Case No. 151/2022, under Sections 363,/34, 366/34, 504/34, 506/34, 376- D IPC & Section- 5(g)/6 of POCSO Act, Police Station- Jethwara 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 BAIL No. 8310 of 2025 2 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 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). 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 2, 2025 Shravan BAIL No. 8310 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench