HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7688 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as 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. 2. In the FIR, it has been alleged that on 31.03.2025, when the informant’s daughter, aged about 8 years, went to the shop of Hameed Ahmad (aged about 55 years) to fetch needle and thread, she was raped. 3. Learned counsel for the applicant submits that although the victim, in her statement under Section 180 BNSS, supported the prosecution version, in her subsequent statement under Section 183 BNSS, she denied the occurrence of any such incident as alleged in the FIR. She further retracted from her earlier statement under Section 180 BNSS by asserting that she had never made such a statement. The victim has also declined to undergo medical examination. It is contended that the applicant has been falsely implicated and is in custody since 02.04.2025, despite having no criminal antecedents. 4. 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. 5. Learned AGA, however, has opposed the bail application on the ground Versus Counsel for Applicant(s) : Kuldeep, Pawan Kumar Pandey Counsel for Opposite Party(s) : G.A. Hameed Ahmad .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) that the alleged offence is heinous and the victim is a minor girl aged about 8 years. 6. Upon due consideration of the fact that the victim’s statement under Section 180 BNSS is inconsistent with her subsequent statement under Section 183 BNSS, wherein she denied the occurrence of any incident as alleged earlier; her refusal to undergo medico-legal examination; absence of corroborative evidence; filing of charge sheet; and the fact that the applicant is in custody since 02.04.2025 with no criminal history, I am of the view that the case is fit for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Hameed Ahmad involved in Case Crime No. 68/2025, U/S 65(2) Β.N.S. and Section 5/6 POCSO Act, Police Station - Rajesultanpur, District- Ambedkar Nagar, 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. BAIL No. 7688 of 2025 2 (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). 9. 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. August 26, 2025 R.C. BAIL No. 7688 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench