HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8698 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the complainant. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.21 of 2025, under Sections 87, 137(2), 64(2)M of BNS, Sections 5/6 of POCSO Act, P.S. Baskhari, District Ambedkar Nagar. 3. In the prosecution case it is alleged that daughter of the informant aged about 19 years went away at 09:00 am from home. On the way, applicant enticed her away. 4. Learned counsel for the applicant submits that victim is a consenting party. She on her own accord went away with the applicant to Tanda, Tanda to Lucknow and then Lucknow to Nasik where she stayed in a room with applicant and married in a temple. Victim has refused to undergo internal medical examination. 5. It is next submitted that as per radio-logical examination, age of the victim is 16-17 years, however, plus-minus two years of variation is possible on either side in determination of the age as per the ossification test and the applicant being the accused is entitled to the benefit of higher side in view of the judgment of the Supreme Court passed in the case of "Jaya Mala v. Govt. of J & K, (1982) 2 SCC 538". 6. He further submits that victim in her statement under Section 183 BNSS again stated that she on her own accord went away with the applicant and married with him. Victim has denied the prosecution case. He submits that Versus Counsel for Applicant(s) : Niyaj Ahmad Counsel for Opposite Party(s) : G.A., Ashish Kumar Shukla Shubham Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Sectt. Lko. And 4 Others .....Opposite Party(s) the applicant is in jail since 15.04.2025. Applicant has no criminal history. 7. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. Learned A.G.A. has submitted that charge-sheet in the case has been filed. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 15.04.2025 having no criminal history, statement of the victim under Sections 180 & 183 BNSS, denial to undergo medical examination, charge-sheet has been filed so also the judgment passed by Hon'ble Supreme Court in the case of Jaya Mala (supra) and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Shubham Yadav be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of 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 BAIL No. 8698 of 2025 2 proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). September 11, 2025 Saurabh Yadav/- BAIL No. 8698 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench