HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9194 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. 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.116 of 2025, under Sections 64(1), 87, 137(2) of BNS and Section 3/4 of POCSO Act, P.S. Behta Mujawar, District Unnao. 5. In the prosecution case it is alleged that minor daughter of the informant aged about 17 years on 05.05.2025 at about 09:00 am has been enticed away by the applicant. It is further alleged that while going away she has taken Rs.25,000/- cash and additional documents along with her. 6. Submission of learned counsel for the applicant is that in the statement under Section 180 BNSS she has stated that prosecutrix went from her home to Kanpur then to Mumbai via train and after reaching Mumbai she called the applicant and stayed at his room. While giving statement under Section 183 BNSS no allegation whatsoever has been levelled. He submits that victim is a consenting party. Victim as per her statement is 17 years old. According to school record also, she is 17 years. No bone Versus Counsel for Applicant(s) : Chetan Kumar Tiwari Counsel for Opposite Party(s) : G.A. Suraj Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And 3 Others .....Opposite Party(s) test of victim for age determination has been conducted. The applicant is languishing in jail since 09.06.2025. 7. Learned A.G.A. has opposed the bail prayer. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 09.06.2025 having no criminal history, statement of the victim under Sections 180 & 183 BNSS, 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. 9. Accordingly, the bail application is allowed. 10. Let the applicant Suraj Singh 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). BAIL No. 9194 of 2025 2 (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 23, 2025 Saurabh Yadav/- BAIL No. 9194 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench