HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10149 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 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.562 of 2025, under Section 137(2)/87 BNS, Poice Station Padua, District Kheri. In the prosecution case, it is alleged that the minor daughter of the complainant, aged about 13 years, was enticed away by the applicant along with co-accused persons on 30.08.2025 at about 1:00 p.m. for the purpose of marriage. Learned counsel for the applicant submits that the victim was a consenting party and had, on her own accord, gone away with the applicant and married him. It appears from the statement of the victim recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) that she declined to undergo medical examination. Furthermore, in her statement recorded under Section 183 BNSS, she has not made any allegation against the present applicant and has stated that she went with him of her own free will. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Alok Kumar Singh Counsel for Opposite Party(s) : G.A. Vimal Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Learned A.G.A. has opposed the prayer for bail and submitted that, as per the educational records, the victim was 13 years, 7 months, and 28 days old at the time of the incident. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts and circumstances of the case, it is evident that the applicant is in jail since 10.09.2025 and has no criminal antecedents; the statements of the victim recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) indicate that she had gone with the applicant of her own accord; there appears to be no allegation made by the victim against the applicant; coupled with the fact that the victim has refused to undergo medical examination 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. Let the applicant Vimal Kumar 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 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. (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. BAIL No. 10149 of 2025 2 (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). 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. October 30, 2025 Madhu D.R/P.S BAIL No. 10149 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench