HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8654 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. None appears for the complainant although notice is served. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.65 of 2025, under Sections 70(2) of BNS and Sections 5(g)/6 of POCSO Act, P.S. Drgah Sharif, District Bahraich. 3. In the prosecution case it is alleged that minor daughter of the informant aged about 17 years went away from home on 10.02.2025 to the market however, she did not return. Suspicion has been raised on the applicant that he has enticed her away. 4. Learned counsel for the applicant submits that victim on her own accord went away with the applicant after being annoyed with her mother. She stayed with the applicant at his home and with his sister. The allegation of rape has been denied by the victim under Section 180 BNSS however, while giving statement under Section 183 BNSS improvement has been made and for the first time allegation of rape has been levelled. The victim has refused to undergo medical examination. As per school record, victim is 17 years, 1 month and 9 days old. No ossification test has been conducted. Medico legal examination has been refused by the victim. The F.I.R. has been lodged after delay of one month and seven Versus Counsel for Applicant(s) : Shailendra Kumar Counsel for Opposite Party(s) : G.A. Ram Niwas .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) days. He submits that the applicant is in jail since 04.08.2025. 5. Learned A.G.A. has opposed the bail prayer. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 04.08.2025, contradictory statements of the victim under Sections 180 & 183 BNSS, refusal to undergo medico legal examination, delay of one month in lodging the F.I.R. and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Ram Niwas be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in BAIL No. 8654 of 2025 2 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 Indian Panel Code (now Section 209 BNS). September 15, 2025 Saurabh Yadav/- BAIL No. 8654 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench