HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9068 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Notice to the complainant has been served as per the instructions of learned A.G.A, however no one has appeared on behalf of the complainant. 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.0087 of 2025 under Section 87, 137(2), 65(1) BNS and Section 5/6 POCSO Act, Police Station Ahirauli, District Ambedkar Nagar. It is alleged that the minor daughter of the informant, aged about 13 years, was enticed away by the co-accused Abhay Yadav at about 4:30 p.m. while she had gone out to ease herself. Learned counsel for the applicant submits that in her statements under Sections 180 and 183 BNSS, the victim has not made any allegation against the applicant. She has only stated that she married the applicant. The relationship and alleged blackmailing have been levelled against the co- accused Abhay Yadav. In her statement under Section 183 BNSS, the victim has stated that she had known Abhay Yadav for four years and was in a relationship with him since 2022. As per the ossification test, the victim’s age is determined to be 17–18 years. It is submitted that the applicant has no criminal antecedents. Versus Counsel for Applicant(s) : Gaurav Mishra, O.P. Tiwari Counsel for Opposite Party(s) : G.A. Shubham Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) It is further submitted that there is no likelihood of the applicant absconding or tampering with witnesses if released on bail. The applicant undertakes that he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer but has not disputed the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties and perused the record. On due consideration of the statements of the victim under Sections 180 and 183 BNSS; the applicant has no criminal antecedents, he is in judicial custody since 19.04.2025; there is a lack of corroborative material in support of the prosecution case and without expressing any opinion on the merits of the case, I find this to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Shubham Yadav 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. (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, BAIL No. 9068 of 2025 2 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 22, 2025 Madhu D.R/P.S BAIL No. 9068 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench