HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8548 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that sister of the informant aged about 16 years and who is 10th pass has been enticed away by the accused applicant on 21.6.2025 at about 10.00a.m. 3.Learned counsel for the applicant submits that the victim on her own accord and volition has gone away with the applicant to Lucknow and then to Indore and there they lived together, which is apparent from her statements under sections 180 and 183 BNSS. In her statement under section 183 BNSS, she has not supported the prosecution case. No allegation has been levelled against the applicant. No abnormality has been found in the medico legal examination of the victim. As per educational record, the victim's date of birth is 12.6.2009. The applicant has no previous criminal history. The applicant is in jail since 3.7.2025. It is further submitted that there is no possibility of the applicant of 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. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Vyas Narayan Shukla Counsel for Opposite Party(s) : G.A. Deepak .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, statement of the victim under sections 180 and 183 BNSS, age of the victim as per school record, lack of corroborative medical evidence and any other material, 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 Deepak, involved in Case Crime No.0137 of 2025 under sections 137(2), 87, 64(1) B.N.S., 5L/6 POCSO Act, P.S. Shivgarh, 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 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 BAIL No. 8548 of 2025 2 proceedings against him, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly. September 9, 2025 kkb/ BAIL No. 8548 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench