HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9040 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Pankaj Kumar, 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.107 of 2025 under Section 137(2), 87,64(1) BNS 2023 and Section 5/6 POCSO Act and Section 3(2) V SC/ST Act, Police Station Lalganj, District Raebareli. In the prosecution case it is alleged that minor daughter of the informant aged about 17 years, had gone to Dihwa on 06.03.2025 at about 12:00 noon to bring some household articles. At that time, the accused-applicant Satyendra Jaiswal lured the victim and took her away with him. Learned counsel for the applicant submits that the victim is a major. As per the school record, the victim was 17 years, 10 months, and 16 days old on the date of the incident. No ossification test has been conducted for reasons best known to the Investigating Officer. It is further submitted that the victim, on her own accord, went away with the applicant. In her statements recorded under Sections 180 and 183 BNSS, she has not made any allegation against the applicant and has been shown to be a consenting party. The victim has also refused to undergo medical examination. The applicant has no criminal history. Versus Counsel for Applicant(s) : Dinesh Chandra, Surya Prakash Counsel for Opposite Party(s) : G.A. Satendra Jaiswal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) It is next submitted that there is no possibility of the applicant fleeing from justice or tampering with the witnesses. In case he is released on bail, he shall not misuse the liberty so granted. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail. I have considered the submissions advanced by learned counsel for the parties and perused the record. On due consideration to the statements of the victim under Sections 180 and 183 BNSS; her refusal to undergo medical examination; the fact that the charge sheet has already been filed, the applicant has no criminal antecedents and he is in jail since 30.03.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail. Accordingly, the bail application is allowed. Let the applicant Satendra Jaiswal 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. BAIL No. 9040 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 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. 9040 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench