HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8329 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 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.144 of 2025 under Section 64(1), 127(4), 87, 115(2), 351(2) of BNS 2023, Police Station Millarea, District Raebareli. In the prosecution case, it is alleged that on 13.04.2025, the daughter of the informant, aged about 20 years, went missing from her home, and it is further alleged that the applicant had enticed her away. Learned counsel for the applicant submits that a perusal of the statement of the victim recorded under Sections 180 and 183 BNSS shows that she had gone away with the applicant of her own accord. It is further submitted that she stayed with the applicant and even traveled to Delhi for about 2–3 months without raising any alarm. The victim is a major and a consenting party, whereas the allegation of rape has been levelled against the applicant without there being any corroborative material, such as medical evidence etc. Learned A.G.A. has opposed the bail prayer of the applicant and submits that in both the statements under Section 180 and 183 BNSS the allegation of rape has been levelled by the victim against the applicant. I have considered the arguments advanced by learned counsel for the parties Versus Counsel for Applicant(s) : Jaikaran Counsel for Opposite Party(s) : G.A. Brijesh Kumar @ Deepu .....Applicant(s) State Of U.P. Thru Prin. Secy. Home Lko. .....Opposite Party(s) as well as perused the record. On due consideration of the facts that the charge-sheet in this case has already been filed; the applicant has explained his criminal history in the supplementary affidavit; he has been in custody since 21.06.2025; and the victim admittedly stayed with the applicant for several days and traveled to Delhi prima facie without raising any alarm, 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. Accordingly, the bail application is allowed. Let the applicant Brijesh Kumar @ Deepu 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. (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 BAIL No. 8329 of 2025 2 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. 8329 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench