Neutral Citation No. - 2025:AHC-LKO:47066 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7497 of 2025 Applicant :- Aakash Patel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Mahendra Pratap Singh,Manish Singh Chauhan 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. In the prosecution case, it is alleged that the informant’s minor daughter, aged about 15 years, was enticed away by the applicant. Learned counsel for the applicant submits that the applicant has no criminal history. The victim’s statements under Sections 180 and 183 BNSS are inconsistent; in her statement under Section 183 BNSS, she made no allegations of being enticed away or subjected to rape by the applicant and did not support the prosecution version. It has been further submitted that. Radiological test of the victim has not been conducted. It is also submitted that even in the supplementary pathological report, no corroborative material has been found. It is further submitted that in the internal examination of the victim, no injury has been found, the radiological test was not conducted, and even the supplementary pathological report contains no corroborative material. 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 AGA has opposed the bail application, submitting that according to the date of birth certificate issued by the Principal of the school where the victim was studying, she was aged 15 years, 4 months, and 25 days at the time of the incident; however, the AGA could not explain why the investigating officer failed to conduct the victim’s radiological examination. On due consideration to the inconsistencies in the victim’s statements under Sections 180 and 183 BNSS, the absence of corroborative medical evidence, the fact that the charge sheet has been filed, and that the applicant, who has no criminal history, is in custody since 17.06.2025, this Court finds it a fit case to enlarge the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Aakash Patel involved in Case Crime No- 200/2025, Under Section- 137(2),87,65(1) of B.N.S and 3/4 POCSO Act, Police Station - Unchahar, District- Raibareli, 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 :- 12.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench