HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8403 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.88 of 2025, under Sections 137(2), 87, 64(1) BNS and Sections 3/4 of POCSO Act, P.S. Gauriganj, District Amethi. 3. In the prosecution case it is alleged that on 17.03.2025 at about 07:00 pm minor daughter of the informant has been enticed away by the applicant. While going away she has has taken Rs.15,000/- cash along with jewelleries. 4. Learned counsel for the applicant submits that applicant is innocent. In the statement under Sections 180 and 183 BNSS victim has not supported the prosecution case. Since her marriage was fixed with someone else and she was forcibly being married therefore, she went away from home. It is stated that both applicant and the victim stayed in Faridabad for 26 days. The ossification test of the victim has not been conducted in spite of several directions of this Court. As per school record, she has been found to be 16 years, 10 months and 8 days old. He submits that the applicant is in jail since 29.04.2025. 5. Learned A.G.A. has opposed the bail prayer and has submitted that Versus Counsel for Applicant(s) : Suresh Chandra Srivastava, Savita Tiwari Counsel for Opposite Party(s) : G.A. Ankit .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And 3 Others .....Opposite Party(s) victim has been found pregnant. She is in Child Care Home, Raebareli. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 29.04.2025, statement of the victim under Sections 180 & 183 BNSS shows that she has out-rightly denied the prosecution case, the radio- logical examination regarding the bone age of the victim has not been conducted, medico legal examination has been refused by the victim and as per the statement of Principal on the basis of which the date of birth of the victim prima facie does not appears to be in conformity with Section 94 of the Juvenile Justice Act, applicant has no criminal history, charge- sheet in the case has been filed and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Ankit be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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, BAIL No. 8403 of 2025 2 without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS). September 4, 2025 Saurabh Yadav/- BAIL No. 8403 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench