HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8828 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. None appears for the complainant although notice is served. 3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.91 of 2024, under Sections 363, 366, 376(3) I.P.C. and Sections 3/4(2) of the POCSO Act, P.S. Baghrai, District Pratapgarh. 4. In the prosecution case it is alleged that minor daughter of the informant aged about 13 years has been enticed away by the applicant. 5. Learned counsel for the applicant submits that victim is a consenting party according to the statement under Sections 180 & 183 BNSS. As per radio-logical examination, she has been found to be 18 years of age. As per the order of the Child Welfare Report, victim's date of birth is 07.08.2009 according to which she was minor at the time of incident. 6. Submission of learned counsel for the applicant is that victim has been examined before the trial court. During examination she has not supported the prosecution case. He has done no wrong with her. Applicant has no criminal history. He submits that the applicant is in jail since 14.08.2024. Versus Counsel for Applicant(s) : Ashok Kumar Srivastava, Avinash Srivastava Counsel for Opposite Party(s) : G.A. Satyendra Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) 7. Learned A.G.A. has opposed the bail prayer and submits that victim was minor. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 14.08.2024 having no criminal history, victim has been examined before the trial court, there appears to be no chance of tampering the prosecution evidence, there also appears to be no abnormality found in the medico legal examination of the victim, as per radio-logical examination, victim is major so also considering the statements given to the Investigating Officer under Section 183 BNSS as also before the court without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Satyendra Kumar be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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. 8828 of 2025 2 Section 229-A of the Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS). September 15, 2025 Saurabh Yadav/- BAIL No. 8828 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench