HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8658 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Vakalatnama filed by Sri Alok Pandey on behalf of complainant is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State. 3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.38 of 2025, under Sections 64(1), 137(2), 87 of BNS, Sections 5 and 6 of the POCSO Act and Sections 3(2)v, 3(2)va of the SC/ST Act, P.S. RajeSultanpur, District Ambedkar Nagar. 4. In the prosecution case it is alleged that minor sister of the informant aged about 16 years went to Thikarahwa on 21.01.2025 at about 12:30 pm for taking medicine however, she did not return. Apprehension has been raised that someone has enticed her away. 5. It is submitted that on behalf of the applicant F.I.R. has been lodged after delay of 38 days. Victim in her statement under Section 180 BNSS states that she on her own accord went away from home because both of her brothers used to scold her. She went to Akbarpur Railway Station and there she met with the applicant and from there she went with him to Bihar and married with him on 15.02.2025. While giving statement under Section 183 BNSS she stated that she called the applicant and on her own accord and volition went to Bihar with him and married there. It is submitted that victim has herself went to the police station after returning from Bihar and stated that she was annoyed with her family members that is why went away from home. He submits that there is lack of corroborative medical evidence in Versus Counsel for Applicant(s) : Akhand Kumar Pandey, Abhishek Singh Counsel for Opposite Party(s) : G.A., Alok Pandey, Sagar Singh Balendra Kumar Singh @ Amit Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 3 Others .....Opposite Party(s) support of prosecution case. From radio-logical examination victim is 17-18 years of age. Victim is major. Applicant has no criminal history. He submits that the applicant is in jail since 25.06.2025. 6. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. 7. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 25.06.2025 having no criminal history, charge-sheet has been filed, statement of the victim under Sections 180 & 183 BNSS, lack of corroborative medical report or any other corroborative material and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Balendra Kumar Singh @ Amit Singh 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 BAIL No. 8658 of 2025 2 date fixed in such proclamation, then, the trial court shall initiate 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. 8658 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench