HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8754 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. As per the instructions of learned A.G.A. notice to the complainant has been served. 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 F.I.R. No.116 of 2025 under Seciton 137(2), 87, 65(1) BNS and Section 3/4 POCSO Act, Police Station Panchperwa, District Balrampur. In the prosecution case it is alleged that the informant’s daughter, about 16 years old, went missing from home around 2 p.m. on 9th June 2025. Learned counsel for the applicant submits that the victim, in her statement under Section 180 BNSS, has stated her age to be 19 years. She was in a relationship with the applicant and had gone with him to Balrampur of her own accord. In her statement under Section 183 BNSS, the same version has been reiterated by the victim, and no allegation has been levelled against the applicant either of enticing her away or of committing rape. Learned A.G.A. has opposed the bail prayer of the applicant and submitted that the victim’s age is 15 years and 2 months according to the school record and as per her statement under Section 183 BNSS. However, he could not assign any reason as to why the radiological examination of the victim Versus Counsel for Applicant(s) : Vayu Nandan Mishra Counsel for Opposite Party(s) : G.A. Shadab @ Sadab @ Shadaab .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. And 3 Others .....Opposite Party(s) for ascertaining her age, has not been conducted by the Investigating Officer. The charge sheet in the matter has already been filed. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant has no criminal antecedents; there is lack of corroborative material; the victim has refused to undergo medico-legal examination; the charge sheet has already been filed; and the applicant is in jail since 24.07.2025 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 Shadab @ Sadab @ Shadaab 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 Section 229-A of the IPC (now Section 269 BNS). BAIL No. 8754 of 2025 2 (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 12, 2025 Madhu D.R/P.S BAIL No. 8754 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench