HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11209 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. None appears on behalf of complainant although notice is served. 3. In the prosecution case, it is alleged that the minor daughter of the complainant aged about 16 years 11 months and 5 days has been enticed away by the applicant on 2.5.2024 at about 3:00 PM. 4. Learned counsel for the applicant submits that the victim on her own free will went away with the applicant to Farrukhabad where they married. While giving her statement under Section 164 Cr.P.C. she has again reiterated the same version. No allegation whatsoever has been levelled by the victim on the applicant in her statement recorded under Section 164 Cr.P.C. She has stated that she is 18 years old. Learned counsel further submits that in the medico-legal examination of the victim, no injury indicative of any assault or any abnormality has been found. The ossification test report shows that victim is 17 years old. In this regard, learned counsel for the applicant has placed reliance on the judgement of Hon'ble Supreme Court rendered in the case of Jaya Mala Vs. Home Secretary, Government of Jammu & Kashmir and others reported in (1982) 2 SCC 538 wherein it has been held that a margin of two years on either side is permissible in determining age. Learned counsel also submits that victim has been examined before the trial court Versus Counsel for Applicant(s) : Uttam Kumar Awasthi Counsel for Opposite Party(s) : G.A. Ranjeet .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) where she has been declared hostile. 5. Learned A.G.A. has opposed the prayer for bail and submitted that during medicolegal examination of the victim, in the pregnancy test, she was found positive. 6. I have considered the submissions of learned counsel for the parties and perused the record. 7. On due consideration to the submissions advanced, perusal of the record so also the fact that the victim has been declared hostile; there appears to be no chance of tampering the prosecution evidence; the applicant without having criminal history is languishing in jail since 25.7.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant-Ranjeet involved in Case Crime No. 154 of 2024, under Sections 363, 366, 376(1) of IPC, Section 3(2)5 SC/ST Act and Section 5(j)(2)/6 of POCSO Act, Police Station- Harpalpur, District- Hardoi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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 BAIL No. 11209 of 2024 2 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. September 25, 2025 AKK BAIL No. 11209 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench