Neutral Citation No. - 2025:AHC-LKO:48494 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7505 of 2025 Applicant :- Kaushal Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Narendra Gupta,Rashmi Singh,Sanjay Prakash Tiwari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard Shri Narendra Gupta, learned counsel for the applicant as well as learned AGA for the State. None appears on behalf of the complainant, although, as per the instructions of learned AGA, notice to the complainant is served. In the prosecution's case, it is alleged that the minor daughter of the informant, aged about 15 years, was dragged by the accused while she went to relieve herself on 20.03.2024 around 1:00 am at night, and he molested her by holding her hand. Learned counsel for the applicant submits that the FIR's version has been reiterated by the victim in her statement under Section 180 BNSS. However, while giving her statement under Section 183 BNSS, the victim made improvements and made allegation against three accused persons of committing rape. The medical examination revealed no injuries on the victim, nor was any supporting evidence found. The ossification test was not conducted on the victim. According to school records, she was 16 years, 2 months, and 19 days old. It is further submitted that applicant is in custody since 28.05.2025 without any prior criminal record. 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. Upon due consideration of the inconsistencies in the victim’s statements under Sections 180 and 183 BNSS, the absence of corroborative medical evidence, and the fact that the applicant is in custody since 28.05.2025 without any prior criminal record, this Court finds it a fit case for granting bail. Accordingly, the bail application is allowed. Let the applicant Kaushal involved in Case Crime No. 117/2025, Under section 65 (1) BNS and under section 3/4(2) of P.O.C.S.O. Act, Police Station Reusa, District Sitapur 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 82 Cr.P.C. (now 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 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. Order Date :- 19.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench