HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8630 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.0130 of 2025, under Section 137(2), 87, 351(3) BNS later on same have been altered under Section 64(1), 87, 137 (2) 351(3 BNS and Section 3/4 of POCSO Act, Police Station Baskhari, District Ambedkar Nagar. It is alleged that the minor daughter of the informant, aged about 17 years and a student of Class XII, went missing from her home in the night of 08/09 May. While leaving, she allegedly took jewellery and money which had been given at the time of the marriage of the elder daughter of the informant. It is further alleged that the applicant enticed her away and kidnapped her. Learned counsel for the applicant submits that the victim is a consenting party and has attained the age of majority. In her statements recorded under Sections 180 and 183 BNSS she has clearly stated that she had gone to Delhi with the applicant of her own free will. No corroborative material has been found in support of the prosecution case, nor was any abnormality found in the medico-legal examination of the victim. As per the ossification test, the Versus Counsel for Applicant(s) : Nijam Ahamad Counsel for Opposite Party(s) : G.A. Shani Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) victim was found to be in the age group of 17–18 years. The applicant has no criminal history. Learned A.G.A. has opposed the bail prayer, but has not been able to dispute the aforesaid factual aspects. I have considered the submissions advanced by learned counsel for the parties and perused the record. On due consideration of the statements of the victim under Sections 180 and 183 BNSS; the applicant is in custody since 13.05.2025; he has no criminal history, the charge-sheet has already been filed, there is lack of corroborative material 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 Shani Kumar 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. 8630 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. 8630 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench