Neutral Citation No. - 2025:AHC-LKO:45450 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12491 of 2024 Applicant :- Guddu Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Sectt. Lko And 3 Others Counsel for Applicant :- Indra Pratap Singh,Raj Bahadur Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. As per office report, notices to the complainant is served however, none appears. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.100 of 2017, under Sections 376D, 370, 370A I.P.C. and Sections 5(g)/6 POCSO Act, P.S. Fatehpur, District Barabanki. In the prosecution case it is alleged that husband of the complainant Harish Kumar took her sister aged about 15 years on some pretext from her parental home three months ago. It is further alleged that Harish Kumar, his father Desraj and Uncle Oodan under consideration of some amount have misplaced the victim. Learned counsel for the applicant submits that applicant is not named in the F.I.R. His name has surfaced for the first time in the statement of the victim under Section 164 Cr.P.C. according to that statement she resided with the applicant for a period of six months without raising alarm then came to Lucknow. Radio- logical age of the victim is 17 years. There is lack of corroborative medical evidence. He has drawn attention of the court towards the statement of the father of the victim Shivkaran who has stated that this case has been lodged on the basis of legal advice. He himself has opined the victim to the applicant for the consideration of Rs.15,000/-. The charge-sheet has been filed. He submits that the applicant is in jail since 03.09.2019. 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 03.09.2019, charge-sheet has been filed, applicant has no criminal history, statement of Shivkarna so also the fact that there is lack of corroborative material and radio-logical age of the victim is 17 years, however, plus-minus two years of variation is possible on either side in determination of the age as per the ossification test and the applicant being the accused is entitled to the benefit of higher side in view of the judgment of the Supreme Court passed in the case of "Jaya Mala v. Govt. of J & K, (1982) 2 SCC 538" 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 Guddu 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 :- 5.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench