HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8331 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.197 of 2020 under Section 363, 366, 504, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Bakshi Ka Talab, District Lucknow. In the prosecution case, it is alleged that the daughter of the informant, aged about 16 years, was found missing when the informant woke up in the morning. Suspicion has been raised that the applicant had enticed her away. Learned counsel for the applicant submits that seven prosecution witnesses have already been examined and cross-examined, and the trial was at the final stage. It is pointed out that the prosecution counsel moved an application under Section 319 Cr.P.C./358 BNSS before the learned trial court on 13.02.2025 for summoning two accused persons, namely Chhotu and Jangi, whose names had been excluded from the charge-sheet. The said application was allowed by the court below on 19.05.2025, and both the aforesaid co-accused were summoned. It is, therefore, contended that there is no likelihood of tampering with the evidence, as the victim as well as all other prosecution witnesses have already been examined. The applicant is in Versus Counsel for Applicant(s) : Ravindra Nath Pandey Counsel for Opposite Party(s) : G.A. Arjun @ Bihari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Opposite Party(s) custody since 08.05.2020. 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 all the prosecution witnesses have been examined and there is no likelihood of tampering with the evidence; the applicant has no criminal antecedents; the applicant has already undergone a long period of incarceration since 08.05.2020; and in view of the law laid down by the Hon’ble Supreme Court in Javed Gulam Nabi Shaikh vs. State of Maharashtra and another, Criminal Appeal No. 2787 of 2024, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Arjun @ Bihari be released on bail in aforesaid case crime number subject to his furnishing a personal bond and one reliable surety 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. (v) The applicant shall remain present before the trial court on each date BAIL No. 8331 of 2025 2 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 4, 2025 Madhu D.R/P.S BAIL No. 8331 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench