HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9280 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.334 of 2025, under Sections 137(2), 87, 127(2), 115(2), 135(2), 65(1), 338, 340(2) of BNS and Section 5(tha)/6 of POCSO Act, P.S. Kotwali Nagar, District Raebareli. 5. In the prosecution case it is alleged that minor daughter of the informant aged about 16 years was enticed away on 16.09.2024 while the informant went away from home to earn livelihood. It is further alleged that daughter of the informant was brainwashed by applicant thereafter, applicant prepared forged Nikahnama. Victim kept under confinement for one week in Lucknow in a hotel near Charbag Railway Station. It is further alleged that thereafter for six months she was kept as a bondage. It is alleged that friends of the applicant also used to indulged in indecent behaviour with the victim. She was subjected to rape on daily basis. 6. Learned counsel for the applicant submits that applicant has no criminal history. The F.I.R. has been lodged after delay of ten months via application under Section 173(4) of the BNSS. No explanation of delay has been given Versus Counsel for Applicant(s) : Bharat Kumar Dixit Counsel for Opposite Party(s) : G.A. Mohd. Faizu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) while lodging the F.I.R. although it is alleged in the prosecution case that she was kept in confinement still at no point of time, any application or any report was given to the police by the informant. Statement of the victim under Sections 180 & 183 BNSS are at variance. Prosecution case is highly improbable from the ossification test, victim is more than 18 years old. As per school record, there are two conflicting school records which have been filed by the applicant as page Nos.40 and 43 which are also at variance, there is lack of corroborative medical evidence in support of the prosecution case, applicant is innocent and has been falsely implicated. Charge-sheet has been filed. He submits that the applicant is in jail since 18.08.2025. 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 18.08.2025 having no criminal history, statement of the prosecutrix under Sections 180 & 183 BNSS, unexplained delay of several months in lodging the F.I.R., lack of corroborative evidence, radio-logical examination age of the victim 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 Mohd. Faizu 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, BAIL No. 9280 of 2025 2 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 25, 2025 Saurabh Yadav/- BAIL No. 9280 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench