HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10792 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 and perused the record. 2. In the prosecution case, it is alleged that the minor daughter of the informant, aged about 17 years went away with an unknown person on 21.08.2025, at about 5 A.M in the morning. 3. Learned counsel for the applicant submits that perusal of the statement of the victim recorded under Section 180 B.N.S.S shows that on her own accord, she went away with the applicant. Upon a query made by the Investigating Officer, she has refused that any wrong was done to her by the applicant. In the statement of the victim recorded under Section 183 B.N.S.S, she has stated that she, on own will/accord, went with the applicant and married to him and she also stated that she is 17 years old. 4. It is further submitted that 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. 5. Learned A.G.A. opposed the prayer for bail and has submitted that the victim was minor, aged about 16 years 8 months and 27 days at the time of the incident, but he could reply the query of the court as to Versus Counsel for Applicant(s) : Naved Ali, Pawan Bhaskar, Sandeep Yadav Counsel for Opposite Party(s): G.A. Abhay Bajpai .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) whether radiological examination of the victim has been conducted to ascertain her age or not. 6. Considering the facts and circumstances of the case, arguments advanced by learned counsel for the parties and also the victim's statements recorded under Sections 180 and 183 BNSS, wherein she has not supported the prosecution case, the fact that the applicant has no criminal antecedents and is languishing in jail since 16.09.2025, the fact that the victim, on her own free will, went away with the applicant and married to him, so the element of enticement appears to be missing, coupled with the fact that the chargesheet in the said case has been filed, 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 Abhay Bajpai, involved in Case Crime/FIR No. 171 of 2025, Under Sections- 137(2) and 87 of B.N.S., Police Station- Umaribegumganj, 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 BAIL No. 10792 of 2025 2 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 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. November 11, 2025 DiVYa BAIL No. 10792 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench