HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9245 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. None appears on behalf of the complainant, although, as per the instructions of learned AGA, notice to the complainant is served. 2. Learned counsel for the applicant submits that, as per the victim’s statements recorded under Sections 180 and 183 BNSS, she is 19 years of age and therefore a major, although the school records show her as a minor. According to her own statement, she is a student of Class 10. No allegation has been made by the victim in either of her statements regarding any use of force against her. She was a consenting party and had voluntarily gone with the applicant. Furthermore, the medical report does not corroborate with the prosecution case, as no abnormality was detected in the medico-legal examination of the victim. The charge sheet has already been filed. The applicant, who has no criminal antecedents, is in custody since 22.05.2025. 3. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5. On due consideration to the fact that the victim has not alleged any use of force, had voluntarily gone with the applicant, and no abnormality was detected in the medico-legal examination, the applicant is languishing in jail since 22.05.2025 without having any criminal antecedents, this Court is of Versus Counsel for Applicant(s) : Dinesh Chandra, Surya Prakash Counsel for Opposite Party(s) : G.A. Priyanshu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others .....Opposite Party(s) the view that the applicant is entitled to be released on bail. 6. Accordingly, the bail application is allowed. 7. Let the applicant Priyanshu involved in Crime No. 178/2025, U/S: 137(2), 87, 65(1) B.N.S., 2023, & 5/6 POCSO Act, Police Station: Unchahar, District: Raebareli, 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 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 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 IPC (now Section 209 of BNS). 8. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 24, 2025 R.C. BAIL No. 9245 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench