HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8684 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.259 of 2025, under Section 137(2), 87, 64 (2) BNS AND 5/6 POCSO Act, Police Station Unchahar, District Raebareli. In the prosecution case, it is alleged that the minor daughter of the informant, aged about 17 years and 10 months, went missing from her house at about 5:00 a.m. on 19.06.2025. It is further alleged that the applicant informed the informant over phone that the victim was with him and told him not to search for her. Learned counsel for the applicant submits that the victim in her statements recorded under Sections 180 and 183 of the BNSS has clearly stated that she, of her own volition, went away with the applicant to Kanpur and thereafter to Jhansi, where they stayed together in a rented accommodation and solemnized marriage at a temple. It is submitted that the victim has not levelled any allegation whatsoever against the applicant. According to her own statement, she is a major aged about 18 years. As per the school record Versus Counsel for Applicant(s) : Sudheer Kumar Mishra, Manish Kumar Gupta Counsel for Opposite Party(s) : G.A. Shiva @ Shivakant .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others .....Opposite Party(s) she is shown to be 17 years, 9 months, and 2 days. It is further submitted that no radiological examination was conducted by the Investigating Officer, and there is no corroborative evidence to support the prosecution case. Learned A.G.A. has opposed the prayer for bail but could not dispute the factual submissions advanced on behalf of the applicant. I have considered the rival submissions of learned counsel for the parties and perused the material on record. On due consideration of the facts and circumstances of the case, particularly the fact that the applicant has no criminal history, he is in custody since 04.07.2025, the charge sheet has already been filed, and the statements of the victim recorded under Sections 180 and 183 BNSS prima facie indicate that she was a consenting party, and without expressing any opinion on the merits of the case, I am of the considered view that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed. Let the applicant Shiva @ Shivakant 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. BAIL No. 8684 of 2025 2 (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. 8684 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench