HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9753 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. In the prosecution case, it is alleged that on 15.06.2025, at about 10:30 P.M, the co-accused Sheru Sheikh enticed away informant's daughter aged about 14 years . 3. Learned counsel for the applicant submits that co-accused namely Sheru, who has been assigned the main role, has been granted bail by the co- ordinate bench of this court vide order dated 02.05.2025 in Criminal Misc. Bail Application No. 3730 of 2025. In the statements of the victim recorded under Section 180 and 183 B.N.S.S, no allegation of rape has been levelled against the applicant, hence, the case of the applicant is on a better footing that that of the co-accused. 5. It is further submitted that the applicant is languishing in jail since 19.07.2025. 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. 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. On due consideration to the submissions advanced, perusal of the record, the bail order of the co-accused Sheru Sheikh; the fact that radiological test of the victim has not been conducted for ascertaining the age of the victim, but as per her education record, the date of birth of the victim is 04.10.2012, considering the statements of the victim recorded under Section 180 and 183 Versus Counsel for Applicant(s) : Surya Kumar Counsel for Opposite Party(s) : G.A. Chotu .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko And 4 Others .....Opposite Party(s) B.N.S.S, as also the fact that the applicant has no previous criminal history and he is languishing in jail since 19.07.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Chotu involved in Case Crime No. 0064 of 2025, under Sections 137(2), 96 B.N.S and Section 17/18 POCSO Act, P.S. Kotwali Nagar, District Balrampur, 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 84 B.N.S.S. 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 209 of B.N.S. October 14, 2025 DiVYa BAIL No. 9753 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