HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9225 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.129 of 2025, under Sections 137(2), 87, 65(1) of BNS and Section 3/4(2) of POCSO Act, P.S. Zaidpur, District Barabanki. 5. In the F.I.R. it is alleged that minor daughter of the informant went away from home for photocopy however, she did not return and went missing. It has also been alleged that informant has come to know that his daughter has been enticed away by the applicant. 6. Learned counsel for the applicant submits that victim while giving statement under Section 180 BNSS has not supported the prosecution case. He has stated that victim has admitted the relationship with the applicant for the last two years and she has expressed her desire to marry the applicant. Victim on her own accord went away with the applicant. While giving statement under Section 183 BNSS improvement has been made by the victim wherein she has stated that she has not made any allegation whatsoever against the applicant. The allegation levelled by the victim under Section 180 BNSS against the applicant for committing rape has been denied by the victim while giving statement under Section 183 BNSS. As per the Versus Counsel for Applicant(s) : Vivek Kumar Pandey, Aman Dube Counsel for Opposite Party(s) : G.A. Vishesh Rawat @ Vishesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) statement of the victim under Section 183 BNSS, recovery is alleged to have been made by the police from Nasik however, the prosecution has shown the recovery of the victim from Juguniyadeeh Polytechnic, there is lack of corroborative medical evidence in support of the prosecution case. In the ossification test, victim has been found to be 17 years of age. He submits that the applicant is in jail since 19.04.2025. Applicant has no criminal history. 7. Learned A.G.A. has opposed the bail prayer and submitted that charge- sheet in the case has been filed. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 19.04.2025 having no criminal history, varied statements o the victim under Sections 180 & 183 BNSS, recovery shown in the prosecution case, lack of corroborative evidence and radio-logical age of the victim is 17 years, charge-sheet in the case 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 Vishesh Rawat @ Vishesh Kumar 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 BAIL No. 9225 of 2025 2 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 23, 2025 Saurabh Yadav/- BAIL No. 9225 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench