HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8979 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. Learned A.G.A. submits that notices to the complainant is served. 3. None appears for the complainant. 4. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.103 of 2023, under Sections 363, 366, 376(3) I.P.C., Sections 3(1)(da), 3(1)(dha), 3(1)(ba), 3(2)(v), 3(2)(va) of SC/ST Act, P.S. Antu, District Pratapgarh. 5. In the F.I.R. it is alleged that minor daughter of the informant aged about 14 years has been enticed away from home. While going away she has taken Rs.20,000/- cash and Oppo A15 mobile. 6. Learned counsel for applicant submits that a perusal of the statement of the victim under Section 161 Cr.P.C. shows that she on her own accord went to Sitapur with applicant, married with him and resided two months in District Sitapur and then to Haryana and resided there as husband and wife. In the statement under Section 164 Cr.P.C. more or less, the same statement has been given. He submits that she was in love relationship with the applicant, no allegation whatsoever of any offence has been levelled by the victim against the applicant. Radio-logical age of the Versus Counsel for Applicant(s) : Ajai Kumar Shukla Counsel for Opposite Party(s) : G.A. Ravi Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 5 Others .....Opposite Party(s) victim is 18 years, however, plus-minus two years of variation is possible on either side in determination of the age as per the ossification test and the applicant being the accused is entitled to the benefit of higher side in view of the judgment of the Supreme Court passed in the case of "Jaya Mala v. Govt. of J & K, (1982) 2 SCC 538". At the time of the offence victim was major even if it is construed that offence took place in March, 2024. Out of wedlock, there is one child, the applicant has no criminal history. He submits that the applicant is in jail since 16.11.2024. 7. Learned A.G.A. has opposed the bail prayer. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 16.11.2024 having no criminal history, charge-sheet has been filed, statement of the victim under Sections 161 & 164 Cr.P.C. and 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 Ravi Mishra 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. BAIL No. 8979 of 2025 2 (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 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 18, 2025 Saurabh Yadav/- BAIL No. 8979 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench