Neutral Citation No. - 2025:AHC:113522 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18925 of 2025 Applicant :- Kanchhi Alias Kunal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A.,Rakesh Kumar Pandey Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Ms. Pratiksha Rai, Advocate holding brief of Sri Ajay Kumar Pandey, learned counsel for the applicant, Sri Rakesh Kumar Pandey, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 30.05.2025 by a co-ordinate Bench of this Court. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Kanchhi @ Kunal, seeking enlargement on bail during trial in connection with Case Crime No. 117 of 2025, under Sections 64, 137(2) B.N.S. and Section 3/4 POCSO Act, Police Station Pilakhua, District Hapur. 5. The first information report of the present matter was lodged on 09.03.2025 by Yogendra Singh against the applicant alleging therein that on 04.02.2025 his daughter aged about 17 years had gone to the school to study wherein the applicant lured her and enticed her away for which a first information report was lodged by him. Subsequently on 05.02.2025 his daughter was recovered. Then on 08.03.2025 again his daughter went to the school to give exams after which the applicant again lured her and enticed her away. She was searched a lot but could not be traced. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the date of birth of the victim as per the High School certificate is 25.04.2008 and as such she is aged about 17 years. It is submitted that the present case is a case of elopement. While placing paragraph 28 of the affidavit it is submitted that the applicant apart from the present case and the previous case has no other criminal antecedents. The applicant is in jail since 18.03.2025. 7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim was previously taken away by the applicant for which a report was lodged and she was recovered. Subsequently she again eloped with the applicant. She was also found to be having a pregnancy which was aborted under orders of the Court. The present case appears to be a case of elopement. 9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 10. Let the applicant- Kanchhi @ Kunal, be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., 2023 may be issued and if 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 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 12. The bail application is allowed. 13. Pending application (s), if any, shall stand disposed of. Order Date :- 15.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad