Neutral Citation No. - 2025:AHC-LKO:36982 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6143 of 2025 Applicant :- Alok Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Anadi Kumar Singh 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. Learned A.G.A. on the basis of written instructions has submitted that notices to the complainant is served. None appears for the complainant. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.311 of 2024, under Sections 115(2), 352, 351(3), 332(c), 75 of BNS and Sections 7/8 of the POCSO Act and Sections 3(2)(v-a) of SC/ST Act, P.S. Hasanganj, District Unnao. In the prosecution case, it is alleged that on 13.12.2024 at about 06:30 pm named accused persons have beaten Bhagwant when the complainant was not at home. While beating Bhagwant, the accused persons entered into the house of the complainant. It was opposed by the minor daughter of the complainant aged about 16 years however, the accused persons hurled abuses upon her and beaten her and have also torn her clothes. Thereafter, another minor girl of the complainant aged about five years came and started crying then Anupam Singh, the co- accused has thrown her on the ground and tore apart her cloths. The accused ran away by hurling caste related abuses. Learned counsel for applicant submits that prior to lodging of this F.I.R., wife of Anupam Singh has lodged two F.I.R.s against the sons of Premchand, the complainant. The F.I.R.s are on record as Annexure Nos.2 and 3 of the bail application. As a counterblast this F.I.R. has been lodged against the father, his two sons and one nephew of Jagatpal Singh. It is submitted that in the statement under Section 180 BNSS, the victim aged about 16 years has denied the prosecution story and has stated that another victim was not subjected to molestation, her clothes were not torn by the accused persons and she was only beaten. He submits that another victim aged about 5 years has not made any allegation against the present applicant regarding the offences under POCSO Act. In the statement under Sections 183 BNSS, the victim has made improvement. The independent witnesses Kallu Rawat and Ganga Prasad Maurya have not supported the prosecution case so far as the offences under Section 75 BNS and Sections 7/8 of the POCSO Act are concerned. He submits that the applicant is in jail since 26.05.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 26.05.2025, the improvement made by the victim while giving statement under Section 183 BNSS, out of two victims one has not been subjected to medical examination, two prior F.I.Rs lodged by wife of Anupam Singh against the son of the complainant so also the fact that charge-sheet has been filed and 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 Alok Singh 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 :- 1.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench