HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8799 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Sandeep Kumar Srivastava, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant as well as perused the record. The accused-applicant seeks bail in Case Crime No.351 of 2025 under Section 137(2), 87, 65(1), 352, 351(3) BNS and 5-(L)6 Protection of Children from Sexual Offences Act. Learned counsel for the applicant submits that the victim is a consenting party. She has been found to be a major as per the ossification test. On her own accord, she went with the applicant to Raebareli without raising any alarm. In her statement under Section 183 BNSS, she has stated that she had been in a relationship with the applicant for the last one year. She further stated that she entered into physical relations with the applicant with her consent, both had agreed to marry, and both left home voluntarily. No allegation whatsoever has been levelled against the present applicant. It is submitted that the applicant has been falsely implicated in this case. There is a lack of corroborative medical evidence in the prosecution case. It is further submitted that there is no possibility of the applicant absconding or tampering with the witnesses after being released on bail. In case the Versus Counsel for Applicant(s) : Pawan Kumar Pandey Counsel for Opposite Party(s) : G.A. Shivam .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3others .....Opposite Party(s) applicant is enlarged on bail, he undertakes not to misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer of the applicant. I have considered the submissions advanced by learned counsel for the parties and perused the record. On due consideration of the statements under Sections 180 and 183 BNSS, the absence of corroborative medical evidence, the facts that as per the ossification test the victim is major; the applicant is in custody since 27.7.2025; he has no previous criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Shivam 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 BAIL No. 8799 of 2025 2 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. 8799 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench