HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8623 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Notice to the complainant has been served as per the instructions of learned A.G.A, however no one has appeared on behalf of the complainant. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.145 of 2024 under Sections 137(2), 87, 65(1) of BNS, Section 3/4 POCSO and Section 3(2)(v) SC/ST Act, 1989, Police Station Shivratanganj, District Amethi. In the prosecution case it is alleged that the minor daughter of the informant, aged about 16 years, went out of her house on 14.12.2024 at about 9:00 p.m. to ease herself but did not return home and was reported missing. Learned counsel for the applicant submits that the victim in her statements recorded under Sections 180 and 183 BNSS, has categorically stated that she had gone to Delhi of her own free will. In her deposition before the Court, the victim has been declared hostile. It is further submitted that there is no corroborative material in support of the prosecution case. As per the ossification test, the victim was found to be 17 years of age at the time of the incident, whereas in her testimony before the Court, she stated that she was 19 years old at the relevant time. There is no likelihood of tampering with the prosecution evidence. The applicant has no criminal antecedents and is in Versus Counsel for Applicant(s) : Sant Lal Dixit, Rakesh Kumar Counsel for Opposite Party(s) : G.A. Lavkush .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 4 Others .....Opposite Party(s) custody since 05.03.2025. Learned A.G.A. has opposed the bail prayer but has not been able to dispute the aforesaid factual submissions. I have considered the submissions advanced by learned counsel for the parties and perused the record. On due consideration of the facts that PW-1 and PW-2 have already been examined before the trial court; PW-2 has been declared hostile; there is no possibility of tampering with the prosecution evidence; the applicant is in jail since 5.3.2025; he has no criminal history 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 Lavkush 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. (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, BAIL No. 8623 of 2025 2 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 10, 2025 Madhu D.R/P.S BAIL No. 8623 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench