HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8612 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. None appears on behalf of the complainant, although, as per the instructions of learned AGA, notice to the complainant is served. 2. In the prosecution case, it is alleged that on 30.01.2025, at about 2:00 a.m., the applicant enticed away the minor daughter of the informant, aged around 15 years. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. He has no criminal antecedents. It is further submitted that the victim has made contradictory statements under Sections 180 and 183 BNSS. In her statement under Section 183 BNSS, no allegation of rape has been levelled. She was alone and, being annoyed with her parents, went away of her own accord and will. There is no corroborative material in support of the prosecution case. 4. It is further submitted that 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 bail application, submitting that the victim is 15 years of age; however, he could not clarify why the ossification test of the victim was not conducted by the investigating officer. 6. Upon due consideration of the inconsistent statements of the victim Versus Counsel for Applicant(s) : Maya Ram Yadav Counsel for Opposite Party(s) : G.A. Ajay @ Pulllu @ Krishna Kumar Shukla .....Applicant(s) State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) recorded under Sections 180 and 183 BNSS, the absence of corroborative medical evidence in support of the prosecution case, and the fact that the applicant has been in custody since 04.05.2025 without any prior criminal history, I find it to be a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Ajay @ Pulllu @ Krishna Kumar Shukla involved in FIR No. 0095/2025, dated 02.05.2025, U/s- 137(2), 65(1) BNS & 3/4(2) POCSO Act, Police Station Katra Bazar, District Gonda, 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 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 IPC BAIL No. 8612 of 2025 2 (now Section 209 of BNS). 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 10, 2025 R.C. BAIL No. 8612 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench