Neutral Citation No. - 2025:AHC-LKO:34225 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1031 of 2025 Applicant :- Mohd. Jiyaudeen Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3others Counsel for Applicant :- Shakti,Kaushal Kishore Tewari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Rejoinder affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that the FIR has been lodged by means of application under Section 156(3) CrPC after a delay of seven months of the alleged incident. The statements of the victim recorded under Sections 180 and 183 BNSS are contradictory and suffers from manifest defects. There is no corroborating medical evidence which could support the prosecution version. As per the ossification test, the age of the victim was found to be 15-17 years and as per school records, her age was stated to be 16 years 11 months and 29 days. The applicant has explained criminal history of one case which is a trivial offence and he is languishing in jail since 23.12.2024. 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 submissions advanced, perusal of the record, period of incarceration gone into by the applicant, the statements of the victim recorded under Sections 180 and 183 BNSS as well as lack of corroborating medical evidence 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. Accordingly, the bail application is allowed. Let the applicant- Mohd. Jiyaudeen involved in Case Crime No. 338 of 2024, under Sections 363,366,376,343 of IPC & Section 3/4 of POCSO Act, Police Station- Khamariya, District- Lakhimpur 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 under Section 229-A of the Indian Penal Code. (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. 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 of the Indian Penal Code. Order Date :- 2.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench