HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9108 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. on the basis of written instructions 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.424 of 2025, under Sections 69, 352, 351(3) B.N.S., P.S. Mohammadpur Khala, District Barabanki. 5. In the prosecution case it is alleged that on the pretext of marriage, the daughter of the informant aged about 19 years has been sexually exploited for the last eight months. When the applicant was asked to marry it is alleged that on 21.07.2025 applicant has abused the informant and refused to marry. 6. Learned counsel for the applicant submits that as per the school record victim is 19 years of age. As per the ossification test she is above 18 years. The applicant has no criminal history. Applicant is in jail since 01.08.2025. The charge-sheet in the case has been filed. 7. He further submits that in the statement under Sections 180 and 183 BNSS, it is not the prosecution case that right from inception, there was no intent of the applicant to marry the victim. The ingredients to attract offence under Section 69 BNS is missing. He submits that the applicant is in jail since 01.08.2025. Versus Counsel for Applicant(s) : Arvind Kumar, Shivendra Pratap Singh Counsel for Opposite Party(s) : G.A. Lavkush .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) 8. Learned A.G.A. has opposed the bail prayer. 9. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 01.08.2025 having no criminal history, charge-sheet in the case has been filed, statement of the victim under Sections 180 & 183 BNSS, lack of corroborative material, victim is major and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 10. Accordingly, the bail application is allowed. 11. Let the applicant-Lavkush 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 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 22, 2025 Saurabh Yadav/- BAIL No. 9108 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench