HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12205 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. None appears on behalf of complainant. 3. In the prosecution case, it is alleged that the informant's sister, aged about 17 years, went missing when the informant woke up at 5 o'clock in the morning. Suspicion has been raised on the person using the mobile number given in the FIR. 4. Learned counsel for the applicant submits that the applicant has no criminal antecedents to his credit and he is languishing in jail since 26.6.2024. In the statement recorded under Sections 161 and 164 Cr.P.C. of the victim, at every stage of the prosecution case, victim has made improvement. She has been examined before the trial court where again she has made improvement and has not supported the prosecution case. After examination of the victim, there is no chance of tempering the prosecution evidence. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. I have considered the submissions advanced by learned counsel for the parties and perused the record. On due consideration to the submissions advanced, perusal of the record so also the fact that the victim has been examined before the trial court; there appears to be no chance of tampering the prosecution evidence; applicant has no criminal antecedent and he is languishing in jail since 26.6.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Amitabh Banerjee, Beebhu Banerjee Counsel for Opposite Party(s) : G.A., Prakhar Mishra Vimlesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) Let the applicant- Vimlesh Kumar involved in Case Crime No. 185 of 2024, under Sections 363, 366, 376(2)(N) IPC and Section 5(L)/6 of Protection of Children from Sexual Offences Act, 2012, Police Station- Itiya Thok, District- Gonda, 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 84 B.N.S.S. 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 209 of B.N.S. (Karunesh Singh Pawar,J.) September 25, 2025 AKK BAIL No. 12205 of 2024 2 Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench