HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9895 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. It is alleged that the minor daughter of the informant, aged approximately 16 years, was enticed away by the applicant on 06.08.2025. The applicant is stated to be a distant relative of the victim. Learned counsel for the applicant submits that the victim, in her statements recorded under Sections 180 and 183 BNSS, has not supported the prosecution case. It is contended that she voluntarily and of her own free will went with the applicant. The victim was not subjected to an ossification test, and she refused to undergo a medico-legal examination. The applicant is in jail since 11.08.2025 and has no 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the varied statements of the victim under Sections 180 and 183 BNSS, the absence of corroborative medical evidence, her refusal to undergo medical examination, and the fact that the applicant is in Versus Counsel for Applicant(s) : Chandra Bhooshan, Aprajita Shukla, Brijesh Kumar, Vaishali Counsel for Opposite Party(s) : G.A. Kapil Kashyap .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) custody since 11.08.2025 without any prior criminal record, I find this to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Kapil Kashyap involved in Case Crime No. 103 of 2025, Under Sections - 137(2), 87 BNS, Police Station - Mahigawa District Lucknow, 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). 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 14, 2025/R.C. BAIL No. 9895 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench