Neutral Citation No. - 2025:AHC-LKO:47237 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7367 of 2025 Applicant :- Bhola Shankar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dheeraj Awasthi,Shatakshi Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Neeraj Kumar, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant as well as perused the record. The accused-applicant seeks bail in Case Crime No.129 of 2025 under Sections 64, 352, 351(2) BNS and Sections 3/4 POCSO Act, Police Station Dahi, District Unnao. In the prosecution case, it is alleged that on 24.05.2025 at about 11:50 p.m., while the daughter of the informant, aged about 18 years, went outside to attend nature's call, the applicant due to old enmity forcibly molested her. When the victim raised an alarm, the informant came out of the house, whereupon the applicant allegedly abused him, threatened to kill him, and ran away. Learned counsel for the applicant submits that while giving statement under Section 180 BNSS, improvement has been made and for the first time allegation of rape has been levelled by the victim. While giving statement under Section 183 BNSS, further improvement has been made, although it has been admitted that she was in love relationship with the applicant for one and a half years. The statement under Section 183 BNSS is not corroborated by any recovery by the Investigating Officer. It is a case of false implication. There is no corroborative evidence of medico-legal examination. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer of the applicant and submitted that the victim was minor at the time of incident, however, learned A.G.A. could not assign any reason why radiological examination of the victim was not conducted. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the consistent improvements made in the prosecution case at every stage, the allegation, and the corroborative evidence from the school record showing that the victim appears to be 17 years, 1 month, and 15 days old, coupled with the fact that the applicant has no criminal antecedents and has been in jail since 29.05.2025, and without expressing any opinion on the 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 Bhola Shankar 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 :- 13.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench