Neutral Citation No. - 2025:AHC-LKO:48810 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7564 of 2025 Applicant :- Chand @ Mohammad Chand Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.,Manoj Sahu Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Manoj Sahu, learned counsel for the complainant, who has filed Vakalatnama, which is taken on record. The accused-applicant seeks bail in Case Crime No.132 of 2025 under Sections 74, 64(1), 351(3) BNS and Section 3/4 POCSO Act, Police Station Matera, District Bahraich. In the prosecution case it is alleged that on 17/5/2025 at around 1 a.m. in the night while minor daughter of the informant, aged about 16 years, was sleeping on the roof the accused molested her. When she raised alarm then the accused ran away. Submission of learned counsel for the applicant is that while giving statement under Section 180 BNSS the informant has reiterated the prosecution version as stated in the FIR, however, the victim while giving statement under section 183 BNSS has changed the prosecution story and the date of the incident which was 17 May, 2025 in the FIR has been changed to 14th May, 2025 by the victim, however, allegation of rape has also been added. Thus, massive improvement has been made. She has also alleged in the same statement under Section 180 BNS that she was also raped on 16th May, 2025. While giving statement under Section 183 BNSS further improvement has been made and it has been alleged that she was raped on 14.5.2025 and on the very next date i.e on 15.5.2025. He further submits that four different dates have been mentioned in the prosecution case, and therefore the statement of the victim does not inspire confidence. Nothing has been found in the medico-legal examination to substantiate the allegation of rape. It has also been admitted by the victim in her statement under Section 183 BNSS that there is enmity between the family members of the applicant and those of the victim. It is next submitted that as per the school record, the victim is 16 years, 11 months, and 8 days old, whereas in her statement under Section 183 BNSS, she has stated her age as 17 years. No ossification test of the victim has been conducted. Learned counsel for the complainant and learned A.G.A. have opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the improvements made by the victim in the prosecution case in her statements under Sections 180 and 183 BNSS; the lack of corroborative medical evidence; the fact that the applicant has no criminal antecedents; he is in jail since 27.06.2025, 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 Chand @ Mohammad Chand 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 :- 20.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench