Neutral Citation No. - 2025:AHC-LKO:47656 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7604 of 2025 Applicant :- Sufiyan @ Ilu Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Samrat Gupta Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.0180 of 2025 under Section 65(1)/351(2)/123 BNS and Section 5/6 POCSO Act 2012, Police Station Godamba, District Lucknow. As per the FIR, the complainant, married for 13 years with two children and currently unemployed due to illness, sustains his family from the rent of a house gifted by his father-in-law. His daughter, acquainted with her friend Muskan, was sent to Muskan’s sister Rahnuma’s house to assist her during pregnancy for Rs.3,000 per month. Later, Rahnuma’s husband’s friend Aslam and his female companion Nancy rented part of the complainant’s house. It is alleged that Aslam took the prosecutrix to Rahnuma’s house, where, in Nancy’s absence, he committed sexual acts upon her after administering an intoxicating substance, and, along with Nancy, threatened to make her photographs and videos viral if she resisted. On falling ill, the prosecutrix disclosed the incidents to the complainant. Learned counsel for the applicant submits that the applicant is not named in the FIR. The applicant has explained the criminal history of one case. There is no allegation against the applicant, and even the name of the applicant was taken in the statement of the victim under Section 180 BNSS. For the first time only in the statement under Section 183 BNSS it is alleged by the victim that the applicant, along with the co-accused, threatened the victim that his photo and video would be made viral. Apart from this, there is no material against the applicant. It is further submitted on behalf of the applicant that the Investigating Officer has filed the charge-sheet and no photo or video has been recovered. Learned A.G.A. has opposed the bail prayer of the applicant and submitted that the victim is a minor girl aged 13 years. It is alleged that the applicant, along with the co-accused, was involved in running a sex racket and was compelling the victim to engage in prostitution. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the fact that the applicant is not named in the FIR; the statement under Section 180 BNSS, while making improvement under Section 183 BNSS, his name has been taken; no video or photograph has been recovered by the Investigating Officer, which is admitted by the learned A.G.A.; the charge-sheet has been filed; the applicant is in jail since 08.07.2025 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 Sufiyan @ Ilu 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 :- 14.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench