HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8814 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.240 of 2025, under Sections 137(2), 87, 64, 115(2), 351(3) BNS and 4(2) POCSO Act, Police Station Millarea, District Raebareli. In the prosecution story, it is alleged that the sister of the informant, aged about 16 years, went away from home on 08.06.2025 at about 3:00 p.m. without informing anyone, and since then she has been missing. It is further alleged that the applicant enticed her away. Learned counsel for the applicant submits that the victim in her statement under Section 180 BNSS has supported the prosecution case, however, while giving statement under Section 183 BNSS she has not made any allegation against the applicant. She has denied the entire prosecution story. There is lack of corroborative medical evidence in the medico-legal examination. It is further submitted that there is no possibility of the applicant fleeing Versus Counsel for Applicant(s) : Sudheer Kumar Mishra, Manish Kumar Gupta Counsel for Opposite Party(s) : G.A. Nitesh Pasi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant and has submitted that as per the school record the victim was born on 26.12.2010, as such on the date of incident she was a minor. On due consideration to the contradictory statements of the victim under Sections 180 and 183 BNSS; absence of corroborative medical or other evidence in support of the prosecution case, the applicant has no prior criminal history, the applicant is in custody since 14.06.2025, the charge- sheet has already been filed in this case 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. Accordingly, the bail application is allowed. Let the applicant Nitesh Pasi 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. 8814 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 15, 2025 Madhu D.R/P.S BAIL No. 8814 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench