HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10327 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and Shri Deo Raj Singh, learned Advocate who has filed vakalatnama for the complainant which is taken on record. In the prosecution case, it is alleged that the minor daughter of the informant, aged about 15 years, was enticed away by the applicant on the night of 12.09.2025 at around 12:00 hours. Learned counsel for the applicant submits that the victim had gone with the applicant of her own free will. In her statements recorded under Sections 180 and 183 BNSS, she has not levelled any allegation against the applicant and has consistently stated that no wrongdoing was committed by him. She is a consenting party. In her statement under Section 183 BNSS, she has stated her age as 18 years. The applicant is in custody since 21.09.2025 and has no prior criminal antecedents. 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. Learned AGA and learned counsel for the complainant have opposed the bail application, asserting that as per the school records, the victim is 16 years and 9 months old. Upon due consideration of the victim's statements under Sections 180 and Versus Counsel for Applicant(s) : Ram Asarey Verma Counsel for Opposite Party(s) : G.A. Vikas Kumar Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 183 BNSS, the fact that she went with the applicant voluntarily, the absence of any element of enticement, the filing of the charge sheet, and the fact that the applicant is in custody since 21.09.2025 without any criminal history, I am of the view that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Vikas Kumar Nishad involved in Case Crime No. 757/2025, U/S-87, 137(2), Β.N.Ş., Police station- Kotwali Sadar, District- 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 BAIL No. 10327 of 2025 2 (now Section 209 of 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. November 14, 2025 R.C. BAIL No. 10327 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench