Neutral Citation No. - 2025:AHC-LKO:43443 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6870 of 2025 Applicant :- Aslaan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Ajeet 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. Learned A.G.A. on the basis of written instruction, submits that notice to complainant has been served, however, no one has appeared on behalf of the complainant. The accused-applicant seeks bail in Case Crime No.176 of 2025 under Section 5m/6 POCSO Act, Police Station Harpalpur, District Hardoi. In the prosecution case, it is alleged that on 27.05.2025 at about 2:00 p.m., the son of the complainant, Alam, and his nephew, Ayyas, were grazing goats in the field of one Aslaan, when the applicant caught hold of Ayas and committed forcible sexual acts upon him. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has no criminal antecedents. It is further submitted that the charge sheet has already been filed. In the statement of the victim recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), no specific allegation has been made against the applicant; rather, the statement is vague. It is also submitted that the statement of the victim under Section 183 BNSS has not yet been recorded. Learned A.G.A., on the basis of the case diary, has opposed the bail prayer of the applicant. However, he does not dispute the fact that the statement of the victim under Section 183 BNSS has not yet been recorded. He further submits that the victim is a minor aged about 8 years. I have considered the arguments advanced by learned counsel for the parties as well as perused the record Perusal of the record shows that the incident is alleged to have taken place on 27.02.2025, whereas the medico-legal examination of the victim was conducted on 28.05.2025. In the medico-legal examination, no external or internal injury was found on the victim. Although, according to the prosecution witnesses Golu and Sabena (mother of the victim), the undergarment of the victim were stained with blood. Considering the facts that the applicant has no criminal antecedents; the statement of the victim has not been recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS); there is a lack of corroborative material in the medical examination of the victim; and the applicant is in jail since 28.05.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Aslaan be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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 229-A of the IPC (now Section 269 BNS). (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 of the IPC (now Section 209 BNS). Order Date :- 28.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench