Neutral Citation No. - 2025:AHC-LKO:34750 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3533 of 2025 Applicant :- Chhotu Opposite Party :- State Of U.P. Thru. Secy. Home And 3 Others Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. None appears for the complainant although notices have been served. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.50 of 2025, under Section 5M/6 of the POCSO Act, P.S. Sidhauli, District Sitapur. In the prosecution case it is alleged that on 21.02.2025 at about 04:00 pm while the informant went to the field, the accused Chhotu has committed rape/unnatural sex with the son of the informant. Learned counsel for the applicant submits that an application under Section 173(4) of the BNSS has been given by the mother of the applicant who has suffered four injuries, the injury report is on record. No explanation has been given in the prosecution case regarding the injuries received by the mother of the applicant in the incident which took place between Chhotu and Shiva as upon being asked by Chhotu to pick the ball and when he refused, he was beaten by Chhotu. The family members of the victim in this case have beaten the mother of the applicant, the injury report of the mother is also on record. He submits that it is a cross-case. The injury suffered by the mother of the victim has not been explained. Highly improbable story has been narrated. There is no injury to the victim as per the medical report and the statement of the doctor except the statement of the victim under Sections 180 & 183 BNSS. He submits that the applicant is in jail since 23.02.2025 however, the applicant has no criminal history. Learned A.G.A. has opposed the bail prayer although she has not disputed that no injury has occurred to the victim and the mother of the applicant has been injured however, she says that victim is only 9 years 2 months and 25 days old on the date of incident. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 23.02.2025, mother of the applicant has suffered injury and an application under Section 173(4) of the BNSS is pending against the family members of the victim, there is lack of corroborative evidence in the prosecution case coupled with the fact that the applicant has no criminal history, without expressing any opinion on 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 Chhotu be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 269 of BNS. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under 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 209 BNS. Order Date :- 5.6.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench