Neutral Citation No. - 2025:AHC-LKO:46469 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11861 of 2024 Applicant :- Manish Rajpoot Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And 4 Others Counsel for Applicant :- Nitin Rastogi,Ram Prakash Singh,Vivek Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Learned A.G.A. on the basis of written instructions has submitted that notices to the complainant is served. None appears for the complainant. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.94 of 2024, under Sections 363, 366, 376 I.P.C. and Sections 3/4 POCSO Act, P.S. Chinhat, District Lucknow. In the prosecution case it is alleged that minor daughter of the informant aged about 16 years went away from home on 04.03.2024 at 4 o'clock who has not returned thus, an F.I.R. for missing was registered. Learned counsel for the applicant submits that there is contradictory statement of the victim under Sections 161 & 164 Cr.P.C. No radio-logical examination has been conducted. The victim remained with the applicant for a period of two months and no alarm has been raised during this period. She is a consenting party. She has travelled from one place to another with the applicant and resided in Gurgaon with the applicant without raising alarm. There is lack of corroborative medical evidence. Applicant has no criminal history however, he is in jail since 12.05.2024. He submits that charge-sheet has been filed. He also submits that although charges have been framed till date not a single prosecution witness has been examined. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 12.05.2024, improvement in the prosecution case, lack of corroborative evidence, delay in lodging of F.I.R. and the fact that victim remained with the applicant for a period of almost two months without raising alarm and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Manish Rajpoot 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). (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). Order Date :- 8.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench