HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8903 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. notice on 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 Case Crime No.86 of 2025 under Section 87, 64(1), 137(2) BNS and Section 3/4 protection of Children from Sexual Offences Act and Section 3(2)(V) SC/ST Act, Police Statlon Rausa, District Sitapur. In the prosecution case it is alleged that on 07.02.2025 at about 2:00 p.m., the minor daughter of the informant, aged about 17 years, went away from her home and had not returned till 4:00 p.m., whereafter villagers informed the informant that the victim had been enticed away by the applicant. Learned counsel for the applicant submits that the statement of the victim under Section 180 BNSS shows that the victim had gone with the applicant of her own will, had married him, and stayed with him for several days without raising any alarm. In her statement under Section 183 BNSS, she has altogether denied the prosecution case and categorically stated that the applicant had not taken her anywhere. The victim has further refused to undergo medical examination and no radiological age determination has been conducted. As per the school record, she was 17 years, 8 months, and Versus Counsel for Applicant(s) : Dilip Kumar Singh Chauhan Counsel for Opposite Party(s) : G.A. Avnish .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others .....Opposite Party(s) 29 days old on the date of the incident. It is further submitted that there is no possibility of the applicant fleeing 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 but could not successfully dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the contradictory statements of the victim under Sections 180 and 183 BNSS; her refusal to undergo medical examination; the absence of criminal history of the applicant, and the fact that he is in custody since 02.07.2025 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 Avnish 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 BAIL No. 8903 of 2025 2 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). (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 17, 2025 Madhu D.R/P.S BAIL No. 8903 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench