HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8669 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.410 of 2025, under section 65(1), 87, 137(2), 351(3) BNS and 5(J)(ii)/6 POCSO Act, Police Station Kotwali, District Unnao. In the prosecution case it is alleged that the minor daughter of the informant, aged about 16 years, was found missing on 28.05.2025 at about 1:30 a.m. Apprehension was raised that the applicant Satish Pal had enticed her away. Learned counsel for the applicant submits that the victim, in her statement under Section 180 BNSS, stated that on 28.05.2025, while she was sleeping alone, the applicant administered chocolate to her, after which she became unconscious. Thereafter, the applicant allegedly took her to Kanpur and from there to Haryana, where she was kept in a room under threat for about eight days. However, in her subsequent statement under Section 183 BNSS, the victim changed the date of incident from 28.05.2025 to 25.05.2025. The entire prosecution story was altered, and the place of incident was also changed. Versus Counsel for Applicant(s) : Kapil Dev Srivastava, Deepak Kumar Counsel for Opposite Party(s) : G.A. Satish Pal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Hme Lko And 3 Others .....Opposite Party(s) In the medico-legal examination of the victim, no external or internal injury was found on her person, including her private parts. The applicant has been in jail since 06.06.2025. Learned A.G.A. has opposed the bail prayer and submitted that the victim was found pregnant during medical examination, carrying a fetus of six weeks and two days. Radiological examination of the victim has not been conducted, nor has any reason been assigned. As per the school record, the victim appears to be approximately 16 years of age. I have considered the submissions of learned counsel for the parties and perused the material on record. On due consideration of the facts that the charge-sheet has already been filed; material improvements have been made in the prosecution story at different stages; the date and place of incident were changed by the victim in her statements under Sections 180 and 183 BNSS; there is lack of corroborative material in the medical examination of the victim; no DNA test report has been brought on record to support the prosecution case; the applicant is in jail since 06.06.2025; the applicant has no criminal antecedents 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 Satish Pal 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 BAIL No. 8669 of 2025 2 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 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 11, 2025 Madhu D.R/P.S BAIL No. 8669 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench