HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8378 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.37 of 2025 under Section 64(1)/115(2)/87 BNS act, Police Station Wazirganj, District Gonda. In the prosecution case it is alleged that the daughter of the informant, aged about 17 years, went to ease out herself on 20.2.2025 at about 6.00 a.m. where the applicant enticed her away with the help of the co-accused. Learned counsel for the applicant submits that as per the statement of the victim recorded under Section 180 BNSS, she admitted that she had been in a relationship with the applicant for the last two years and also disclosed her age as 21 years. She further stated that she was taken to Chandigarh by the applicant, where physical relations were established between them. However, in her subsequent statement recorded under Section 183 BNSS, certain improvements have been made. It is further submitted that the victim remained with the applicant for a period of about three months without raising any alarm or complaint. The applicant has no criminal antecedents and has been falsely implicated in this case. Learned counsel contends that corroborative material such as medical evidence does not support the prosecution version. It is pointed out that the charge-sheet in this case has already been filed, and the applicant is in judicial custody since 11.05.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not Versus Counsel for Applicant(s) : Utkarsh Misra, Abhishek Counsel for Opposite Party(s) : G.A. Saurabh Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 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 to the statements of the victim under Section 180 and 183 BNSS, improvement made by the victim in the statements and the facts that the applicant has no previous criminal antecedents; charge-sheet has been filed; he is in jail since 11.5.2025 and without expressing any opinion on 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 Saurabh Sharma 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 BAIL No. 8378 of 2025 2 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 3, 2025 Madhu D.R/P.S BAIL No. 8378 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench