HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9252 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Notice to the complainant has been served as per the instructions of learned A.G.A, however no one has appeared on behalf of the complainant. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.183 of 2025 under Sections 87, 137(2) and 64(1) of the BNS, 2023 and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Kotwali Tanda, District Ambedkar Nagar. In the prosecution case it is alleged that the minor daughter of the informant, aged about 17 years, went missing from her home on 16.06.2025 at about 3:00 p.m., without informing anyone. While leaving, she also took a sum of Rs.5,000/- in cash. Learned counsel for the applicant submits that in her statements recorded under Sections 180 and 183 BNSS, the victim has clearly stated that she went away on her own accord with the applicant and resided with him in Mumbai for about 10 days. No allegation whatsoever has been levelled by the victim against the applicant. It is further submitted that as per the radiological examination, the age of the victim is assessed between 17–18 years, whereas according to the high school certificate, she is 17 years, 7 Versus Counsel for Applicant(s) : Firoz Ahmad Khan Counsel for Opposite Party(s) : G.A. Mohammad Irfan @ Mohd. Chand .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others .....Opposite Party(s) months, and 2 days. It is next submitted that the applicant has no criminal antecedents, the medical report does not corroborate the prosecution story, and there is no other corroborative material to support the allegations. The applicant is in jail since 02.07.2025. The charge-sheet has already been filed. It is further submitted that there is no likelihood of the applicant absconding or tampering with the witnesses if released on bail, and he undertakes not to misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but has not been able to dispute the factual submissions noted above. I have considered the rival submissions and perused the material on record. On due consideration of the statements of the victim under Sections 180 and 183 BNSS; her assessed age; the absence of any incriminating allegation by the victim against the applicant; lack of corroborative medical or other material evidence; the applicant has no criminal antecedents; he is in custody since 02.07.2025; charge-sheet has already been filed, and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Mohammad Irfan @ Mohd. Chand be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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. BAIL No. 9252 of 2025 2 (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 IPC (now Section 269 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 IPC (now Section 209 BNS). September 24, 2025 Madhu D.R/P.S BAIL No. 9252 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench