HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8501 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Rakesh Kumar Nayak, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. The accused-applicant seeks bail in Case Crime No.117 of 2025 under Section 137(2), 64, 351(3) BNS 2023 and Section 5(M)/6(2) POCSO Act, Police Station Sammanpur, District Ambedkarnagar. In the First Information Report, it is alleged that the daughter of the informant came to her maternal grandfather's house at Ambedkar Nagar on 02.06.2025 at about 1:30 p.m., but she did not return. Upon making inquiries, the informant came to know that the applicant had enticed her away by the applicant. Learned counsel for the applicant submits that as per the statement of the victim recorded under Section 180 BNSS, she is 17 years old and had voluntarily gone with the applicant. No allegation has been made by her against anyone, including the applicant. While giving her statement under Section 183 BNSS, she again did not support the prosecution case and made no allegation against the applicant. It is further submitted that both the victim and the applicant have now married. No ossification test has been conducted, and the victim herself refused to undergo medico-legal Versus Counsel for Applicant(s) : Jay Prakash Singh, Bhimbahadur Singh Counsel for Opposite Party(s) : G.A. Ram Briksha .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) examination. The applicant has no criminal antecedents and is in jail since 15.07.2025. 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 submits that, as per the High School certificate, the age of the victim is 16 years, 7 months, and 10 days. However, it is not disputed by either the learned A.G.A. or the learned counsel for the complainant that the ossification test of the victim has not been conducted. 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 Sections 180 and 183 BNSS; the absence of corroborative material; refusal of medico- legal examination which prima facie indicates that the victim appears to be a consenting party; coupled with the fact that the applicant has been in jail since 15.07.2025 and has no criminal antecedents, 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. Let the applicant Ram Briksha 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 BAIL No. 8501 of 2025 2 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 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 8, 2025 Madhu D.R/P.S BAIL No. 8501 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench