HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8353 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Rajesh Nayak, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that on 1.6.2025 at about 06.00 pm in the evening, the minor daughter of the informant aged about 16 years has been enticed away by the applicant. Learned counsel for the applicant submits that the applicant is innocent. The statements of the victim recorded under Sections 180 and 183 BNSS show that the victim was in relationship with the applicant and she on her own accord went away with the applicant and married. The victim is major. No allegation at all has been levelled by the victim in her statements against the applicant. It is submitted that as per ossification test, the victim is stated to be 16-17 years old. She has refused to undergo medico legal examination. It is further submitted that the applicant has no criminal history and he is languishing in jail since 9.7.2025. 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. Versus Counsel for Applicant(s) : Abdul Shahid, Ajai Kumar Shukla Counsel for Opposite Party(s) : G.A., Anil Kumar Dwivedi, Rajesh Nayak Suhail @ Mo. Suhel .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant. Learned counsel for the complainant has submitted that as per the Transfer Certificate, the victim was minor at the time of incident. On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 180 and 183 BNSS, the ossification test report so also the fact that the victim has refused to undergo medico legal examination; the applicant has no criminal history; he is languishing in jail since 9.7.2025 as well as the judgement of the Apex Court in re: P. Yuvaprakash vs. State Rep. by Inspector of Police, AIR 2023 SC 3525 and the provision of Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Suhail @ Mo. Suhel involved in Case Crime No. 158 of 2025, under Sections 87, 137(2), 65(1) of B.N.S. & Section 5(j)(2)/6 of POCSO Act, Police Station- Jahangirganj, 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. BAIL No. 8353 of 2025 2 (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 84 B.N.S.S. 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 209 of B.N.S. September 4, 2025 Shravan BAIL No. 8353 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench