HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29129 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Ramesh Kumar Mishra, Advocate, holding brief of Sri Raj Kumar Singh, learned counsel for the applicant, Sri Ramesh Chandra Tiwari, learned counsel for the opposite party no. 2/first informant, Sri V.D. Ojha, learned AGA for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Prashant Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 183 of 2024, under Section(s) 137(2), 87, 64 B.N.S. and Section 3/4 Protection of Children from Sexual Offences Act, registered at P.S. Marka, District- Banda. 4. The F.I.R. of the matter was lodged on 23.12.2024 by Shivbali Singh against the applicant alleging therein that on 23.12.2024 at about 2.00 a.m. his grand-daughter aged about 16 years was allured and enticed away by the applicant. She was searched a lot but could not be traced. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim was recovered on 24.2.2025 after which her statements under were recorded in which she states that she used to talk to the applicant which came to be known to her family members and they threatened her that they would kill her, after which she got terrified and then went away with the applicant. She further states that she stayed with the applicant at various places being Fatehpur, Lucknow, Ahmedabad and Pune. They married each Versus Counsel for Applicant(s) : Raj Kumar Singh Counsel for Opposite Party(s) : Diwakar Prasad Tiwari, G.A., Ramesh Chandra Tiwari Prashant Yadav .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) other and were living as husband and wife. It is submitted that C.M.O. concerned has opined the age of the victim as 17 years. It is submitted that the present case is a case of elopement. It is submitted that investigation in the matter has concluded and a charge sheet dated 1.4.2025 has been submitted against the applicant and as such there are no chances of the applicant tempering with the evidence or not cooperating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-24 of the affidavit and is in jail since 3.3.2025. 6. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail vehemently and submitted that the victim is a minor girl and has named the applicant as the person who has enticed her away. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is opined to be about 17 years of age by the concerned C.M.O. Present case appears to be a case of elopement. The victim stayed with the applicant and living with him at various places without any objection or resentment. 8. 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. 9. Let the applicant- Prashant Yadav, 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. BAIL No. 29129 of 2025 2 (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 BNSS, 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 BNS, 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 BNSS, 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 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. 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. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. September 11, 2025 Naresh BAIL No. 29129 of 2025 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad