Neutral Citation No. - 2025:AHC-LKO:45752 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7290 of 2025 Applicant :- Uttam Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dheeraj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, 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 case, it is alleged that the informant’s minor daughter, while she went away from home to relieve herself at 12 o’clock on the night of 06.06.2025, two named accused persons gagged her mouth, molested her, and threatened her before releasing her. Learned counsel for the applicant submits that the victim made improvement from the version of the FIR while giving statement under Section 180 BNSS. While giving statement under Section 183 BNSS, she made further improvement. The medico-legal examination lacks corroborative evidence. According to school records, the victim is 17 years and two months old, yet no radiological test was conducted. The applicant having no criminal antecedents is in custody since 11.06.2025. 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. Upon due consideration of the consistent improvements made by the victim at every stage of the prosecution, the absence of corroborative evidence in the medico-legal examination report, the lack of a radiological examination, and the fact that the victim’s statements, prima facie, do not inspire confidence, coupled with the fact that the applicant is languishing in jail since 11.06.2025 without having any criminal antecedents, I find it to be a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Uttam involved in Case Crime No.479/2025, U/s 70(2),351(2) Β.Ν.S, section 5g/6 The Protection of Children from Sexual Offences act and 3(1)da, 3(2)(5) SC/ST Act, Police Station Kotwali Sadar, 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 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 :- 6.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench