HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8679 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 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.0199 of 2025, under section 137(2), 87, 64(1) of BNS, 2023 and Seciton 3/4 POCSO Act, Polcie Staton Bhadokhar, District Raebareli. Learned counsel for the applicant submits that the victim was a consenting party. It is pointed out that no radiological examination of the victim was conducted by the prosecution, evidently for the reason that she is major. As per the school records, the victim is aged about 17 years and 9 months. It is further submitted that the victim, of her own free will, left her parental home, solemnized a court marriage with the applicant at Raebareli, and thereafter accompanied him to Punjab where they stayed together for a few days without any resistance or protest from her side. After about a week, she voluntarily returned. At no stage did the victim raise any alarm or complaint against the applicant, which clearly indicates that she was a consenting party. Learned counsel also submits that there is lack of corroborative material against the applicant. The applicant is languishing in jail since 08.06.2025. Learned A.G.A., on the other hand, has opposed the bail prayer of the applicant. However, he could not satisfactorily explain as to why the Versus Counsel for Applicant(s) : Rahul Singh Rana Counsel for Opposite Party(s) : G.A. Shiv Shankar @ Anshu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) radiological examination of the victim was not conducted by the Investigating Officer. I have considered the rival submissions advanced by learned counsel for the parties and carefully perused the material available on record. On due consideration of the facts and circumstances of the case, particularly the period of incarceration of the applicant since 08.06.2025, absence of any previous criminal history, and the fact that the material on record prima facie indicates that the victim was a consenting party, and without expressing any opinion on the merits of the case, this Court is of the view that it is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Shiv Shankar @ Anshu 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, without sufficient cause, the trial court may proceed against him under BAIL No. 8679 of 2025 2 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. 8679 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench