HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8511 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, Mr. Anurag Pratap Singh, learned counsel for the complainant who has filed vakalatnama on behalf of the complainant which is taken on record, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that minor daughter of the informant went away from home in the night of 18.3.2025 at around 1.00 O' Clock. Suspicion is raised that as she talks with the accused applicant, she has been enticed away by him. 3.Learned counsel for the applicant submits that a perusal of the statement of the victim under section 180 BNS shows that she on her own accord went away from her home on 18.3.2025 being annoyed with her mother. She went to Lalganj on her own and talked on phone to the accused applicant. More or less, the same story has been stated by the victim in her statement under section 183 BNSS. She has not supported the prosecution case. She on her own accord went away from home. Before she could meet the applicant, the police has recovered her. The victim has refused to undergo internal or external medical examination. As per school record, she is 16 years 10 months and 4 days old. No ossification test has been conducted. The applicant has no previous criminal history. The applicant is in jail since 22.3.2025. It is further submitted that there is no possibility of the applicant of Versus Counsel for Applicant(s) : Bisunbablu Mishra Counsel for Opposite Party(s) : G.A., Anurag Pratap Singh Rajesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. and complainant's counsel opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, statements of the victim prima facie show that she on her own accord went away from home, charge sheet has been filed, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Rajesh, involved in Case Crime No.62 of 2025 under sections 137(2), 87, 64(1) BNS, 3/4 POCSO Act, P.S. Dalmau, district Raebareli, 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. (v) The applicant shall remain present before the trial court on each date BAIL No. 8511 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 I.P.C. (now 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. September 8, 2025 kkb/ BAIL No. 8511 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench