HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9099 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.239 of 2024 under Section 64, 87, 137(2) BNS and 3/4 POCSO Act, 3(2)v SC/ST Act, Police Station Kotwali Nagar, Balrampur. In the First Information Report it is alleged that the minor daughter of the informant, aged about 16 years, has been enticed away by the applicant. Learned counsel for the applicant submits that the victim is a consenting party. In her statement under Section 180 BNSS, she has stated that she, of her own accord, went away with the applicant to Lucknow. In her statement under Section 183 BNSS, she has further stated that she was in a relationship with the applicant and voluntarily went away with him to Lucknow. No allegation of rape has been levelled against the applicant. The victim is a major and as per the ossification test, her age has been determined to be 19½ years. It is submitted that the applicant has been falsely implicated and has no criminal antecedents. The charge-sheet in the matter has already been filed. The applicant has been in judicial custody since 06.04.2025. Versus Counsel for Applicant(s) : Iqbal Ahmad, Amanur Rahman, Ashma Izzat, Farhan Shaikh Counsel for Opposite Party(s) : G.A. Aneesh Singh @ Aneesh Kumar Chauhan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 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 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; the fact that the applicant has been in custody since 06.04.2025; has no criminal antecedents; and charge-sheet has been filed and without expressing any opinion on 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 Aneesh Singh @ Aneesh Kumar Chauhan 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 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. 9099 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. 9099 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench