HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8800 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Notice on the complainant has been served as per the instruction of the learned A.G.A., however, none appears for 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.43 of 2025 under Sections 137(2), 87, 64(1) BNS and Section 3/4 POCSO Act, 2012, Police Station Inhauna, District Amethi. In the FIR it is alleged that the minor daughter of the informant, aged about 17 years, is missing since 8 a.m. on 22.6.2025. Learned counsel for the applicant submits that the victim was a consenting party. She on her own accord went away with the applicant and stayed with him for 14 days at Banaras without raising any alarm. In her statements under Sections 180 and 183 BNSS, she has not supported the prosecution case. The medico-legal examination of the victim also does not corroborate the prosecution version, as no abnormality was found therein. In the ossification test her age has been found to be between 17–18 years, whereas according to the school record she is 17 years old. The applicant has no Versus Counsel for Applicant(s) : Brijesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Himanshu Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others .....Opposite Party(s) previous criminal history and has been in custody since 7.7.2025. It is further submitted that the applicant is ready to cooperate with the investigation. He further submits that there is no likelihood of the applicant absconding or tampering with the witnesses if released on bail. He undertakes not to misuse the liberty of bail. Learned A.G.A., however, has opposed the prayer for bail and submitted that the investigation is still in progress. I have considered the submissions advanced by learned counsel for the parties and have perused the record. On due consideration to the statements of the victim under Sections 180 and 183 BNSS; absence of corroborative evidence in support of the prosecution case; determination of the victim’s age; the applicant has no previous criminal history, he is in custody since 7.7.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Himanshu Yadav 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 BAIL No. 8800 of 2025 2 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 15, 2025 Madhu D.R/P.S BAIL No. 8800 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench