HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8613 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Vakalatnama filed by Shri Pankaj Kumar Shukla, Advocate on behalf of opposite party no. 2 is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 3. In the prosecution case, it is alleged that the minor daughter of the complainant went away from home on the pretext of making zerox copy and did not return till late. She went away on 13.11.2024 at about 10:30 A.M and while going away, she took jewellery kept in the house. 4. Learned counsel for the applicant submits that P.W. 1 i.e. the complainant and P.W-2 i.e victim have been examined and both have not supported the prosecution case and they have been declared hostile. He further submits that the applicant is innocent and has no criminal history and he is languishing in jail since 19.12.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer for bail and has submitted that the victim was minor and was found six weeks' pregnant at the time of medico- legal examination, but he could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further informed that the D.N.A report of the new born child is also not available on record. 6. Learned counsel for the complainant does not oppose the bail prayer of the applicant and he has submitted that both the parties agree to marry the applicant with the victim. Versus Counsel for Applicant(s) : Dheerendra Kr. Agnihotri Counsel for Opposite Party(s) : G.A. Mukesh Kumar Jha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Opposite Party(s) 7. On due consideration to the submissions advanced, perusal of the record, the PW-2 i.e., the victim herself has not supported the prosecution case; P.W- 1 and P.W-2 have been declared hostile; there appears to be no chance of tampering the prosecution evidence coupled with the fact that the applicant has no criminal history; he is languishing in jail since 19.12.2024 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. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Mukesh Kumar Jha involved in Case Crime No. 134 of 2024, under Sections 137(2), 87, 65(1) of B.N.S. & Section 5J(ii)/6 of POCSO Act and Section 3(2)(V) of S.C/S.T Act, Police Station- Shivratanganj, District- Amethi, 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. September 10, 2025 DiVYa BAIL No. 8613 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench