HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10595 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State. None appears on behalf of the complainant, although, as per the instructions of learned A.G.A, notice to the complainant is served. 2. In the prosecution case, it is alleged that on 25.08.2025, at about 2:30 P.M, the son of the informant aged about 10 years and the minor daughter of the informant aged about 16 years went to Sakran and since then, they are missing. 3. Learned counsel for the applicant submits that as per the statement of the victim recorded under Section 180 B.N.S.S, the victim and her brother, on their own will, went to Kanpur and there, the daughter of the informant married the applicant. In her statement, she has also expressed her unwillingness to go back to her home. A similar statement has been given by the daughter of the informant in her statement recorded under Section 183 B.N.S.S, wherein she clearly stated that no wrong has been done to her by the applicant. He further submits that the victim has refused to undergo medico-legal examination. 4. He further submits that the chargesheet in the said case has been filed. The applicant has no previous criminal history and is languishing in jail since 02.09.2025. There is no possibility of the applicant of fleeing away after being released from jail 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) : Akhil Bajpai, Akshay Singh, Ambrish Kumar Dwivedi, Madima Trivedi Counsel for Opposite Party(s) : G.A. Lavkush .....Applicant(s) State Of U.P. Thru. Prin. Sectt. Home Lko. And 3 Others .....Opposite Party(s) 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering the facts and circumstances of the present case, the arguments advanced by the learned counsel for the parties, the fact that the victim, in her statements recorded under Sections 180 and 183 B.N.S.S, has not supported the prosecution case, the fact that the victim refused to undergo medico-legal examination; the fact that charge sheet in the said case has been filed; the fact that the applicant has no previous criminal history and is languishing in jail since 02.09.2025 and without entering into the merits of the case, this Court finds it to be a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Lavkush involved in Case Crime/FIR No. 0285 of 2025, Under Sections- 137(2), 87 B.N.S and 16/17 POCSO Act, Police Station- Sakran, District- Sitapur, 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 BAIL No. 10595 of 2025 2 law. (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 IPC (now Section 209 of BNS). 9. 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 31, 2025 DiVYa BAIL No. 10595 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench