HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9026 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Ravindra Shukla 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.124 of 2025 under Section 137(2), 87, 64, 127(2), 115(2), 351(3) BNS and Section 5/6 POCSO Act, Police Station Jamo, District Amethi. It is alleged that on 05.06.2025 at about 16:00 hours, an FIR was registered stating that on 25.05.2025, the minor daughter of the informant, aged about 14 years, had gone to her maternal grandparents along with her father. On 27.05.2025, Ram Lal and Ram Kumar informed that the victim had gone missing. It is further alleged that the villagers disclosed that the applicant had taken the victim to Indore, and on 02.06.2025, the victim was left at Raebareli while the applicant absconded. Learned counsel for the applicant submits that the prosecution story is highly improbable. It is pointed out that just prior to the alleged incident, both the parties were challaned under Section 170/126/135 BNSS (page 56 to the bail application, Annexure-13), and as such, the applicant has been falsely implicated in this case due to enmity and vengeance. It is further submitted Versus Counsel for Applicant(s) : Archana Singh, Vishnu Pratap Singh Counsel for Opposite Party(s) : G.A. Zaheer Alam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others .....Opposite Party(s) that as per the radiological report, the victim is major. There is lack of corroborative medical evidence, as the medico-legal examination of the victim does not show any external or internal injury, despite the allegation in her statements under Sections 180 and 183 BNSS that she was repeatedly raped and treated inhumanely. It is next contended that although it is alleged that the applicant enticed away the victim to Indore and from there to Raebareli, no material has been collected by the Investigating Officer to substantiate the allegation that the applicant had taken the victim outside the district. Except the statement of the victim, there is no corroborative evidence in the prosecution case. The applicant has no criminal history. It is further submitted that there is no likelihood of the applicant fleeing away after release or tampering with the witnesses. In case he is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail and submitted that as per the school record, the victim is a minor aged about 14 years. I have considered the submissions advanced by learned counsel for the parties and perused the material on record. On due consideration of the statement of the victim under Sections 180 and 183 BNSS; the radiological age report; absence of corroborative medical evidence; the applicant has no criminal antecedents; the charge-sheet has already been filed; the applicant is in jail since 18.06.2025, 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 Zaheer Alam 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: BAIL No. 9026 of 2025 2 (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). (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 19, 2025 Madhu D.R/P.S BAIL No. 9026 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench