Neutral Citation No. - 2025:AHC-LKO:47387 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7479 of 2025 Applicant :- Mukesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Bharat Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as the learned Additional Government Advocate for the State. Despite service of notice, as informed by the learned AGA, none appears on behalf of the complainant. It is alleged that the applicant maintained physical relations with the victim for the past two years under the pretext of marriage. When the victim asked him to marry her, he allegedly abused and threatened her, stating that her family members, including her brother, sister, and father, would be falsely implicated in a criminal case. It is further alleged that the applicant took Rs. 30,000/- from the victim. Learned counsel for the applicant submits that, in the victim’s statement under Section 180 BNSS, an allegation of rape was made in June 2023. However, in her statement under Section 183 BNSS, the prosecution version changed, the date of the incident was altered, and it was alleged that the physical relationship continued until November 2024. It is further submitted that the victim’s statements under Sections 180 and 183 BNSS are inconsistent, and she failed to provide material evidence to the investigating officer in support of her allegations. The investigating officer, while filing the charge sheet, dropped the name of co-accused Lokesh. There is lack of corroborative medical evidence. The victim has not been subjected to medical examination. As per the school records, she was 17 years old at the time of the alleged offence. 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. On due consideration to the victim’s statements under Sections 180 and 183 BNSS, the lack of corroborative medical evidence, and the fact that the applicant is in custody since 10.05.2025 without any prior criminal history, this Court finds it a fit case to grant bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Mukesh Kumar involved in Case Crime No. 115/2025 under Sections 64(2)M, 352, 351(3) B.N.S, and Under Section 5/6 POCSO Act, Police Station Kheron, District Raebareli, e 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 :- 13.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench