HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8446 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Rajesh Kumar, 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 as well as perused the record. The accused-applicant seeks bail in Case Crime No.0161 of 2025 under Section 65(1), 87, 137(2) BNS and Section 3/4 POCSO Act, Police Station Tanda, District Ambedkarnagar. In the FIR it is alleged that the minor daughter of the informant, aged about 14 years, was enticed away by the applicant on 28.05.2025 at about 5:00 p.m. Learned counsel for the applicant submits that the victim is a consenting party. In her statement under Section 180 BNSS, she has not supported the prosecution case. It is further submitted that since the parents of the victim were not ready for her marriage with the applicant, on 27.05.2025 she, of her own accord, went away with the applicant to Gujarat, where both lived together for several days. No corroborative material or abnormality has been found in the medico-legal examination of the victim. As per the ossification test, the victim is found to be major, aged about 17–18 years. Versus Counsel for Applicant(s) : Prem Prakash Singh Counsel for Opposite Party(s) : G.A., Rajesh Kumar Ramkishan .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) Learned A.G.A. has opposed the bail prayer of the applicant, however, he could not dispute the factual submissions as advanced on behalf of the applicant. I have considered the arguments advanced by learned counsel for the parties and perused the record. On due consideration of the facts that the victim remained with the applicant for several days; she went away with the applicant on her own accord and free will; in her statement under Sections 180 and 183 BNSS she has not supported the prosecution case; there is absence of corroborative evidence in the medico-legal examination; as per the ossification test the victim appears to be major, coupled with the fact that the applicant is in jail since 25.06.2025, 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 Ramkishan 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. BAIL No. 8446 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 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 9, 2025 Madhu D.R/P.S BAIL No. 8446 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench