HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9466 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 the minor daughter of the informant, aged about 14 years has been enticed away by the applicant on 30.07.2025 in the night at around 2 O' Clock. It is further alleged that on 31..07.2025, the applicant has married the daughter of the informant in the temple. 3. Learned counsel for the applicant submits that the victim has refused to undergo medico-legal examination. No radiological test of the victim has been conducted to ascertain her bone age. It is submitted that the victim, while recording her statements under Sections 180 and 183 of BNSS, has not supported the prosecution case. 4. It is further submitted that the applicant is 19 years old and has no criminal antecedents and 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 but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering 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 the fact that the applicant is languishing in jail since 02.08.2025 without any criminal history, this Court finds it to be a fit case for granting bail to the applicant. Versus Counsel for Applicant(s) : Ram Asarey Verma Counsel for Opposite Party(s) : G.A. Gokul .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. Accordingly, the bail application is allowed. 8. Let the applicant Gokul involved in Case Crime/FIR No. 417/2025, Under Sections- 87, 137(2) B.N.S., Police Station- Padua, District- Lakhimpur Kheri, 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 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 7, 2025 DiVYa BAIL No. 9466 of 2025 2 (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