Neutral Citation No. - 2025:AHC-LKO:48366 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7718 of 2025 Applicant :- Anup Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Mayank Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Notice to the complainant has been served as per the instructions of learned A.G.A, however no one has appeared on behalf of the complainant. 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.77 of 2025 under Section 70(2), 351(3), 352 BNS 2023 read with Section 5G/6 Prevention of Children from Sexual Offence Act. As per the prosecution case, the victim, a minor aged about 13 years, had gone to the field in the morning at about 6:30 a.m. when the accused persons named in the FIR allegedly hurled abuses at her and molested her. It is further alleged that one of the co-accused Abhishek pressurized her to marry him, threatening that otherwise she would be defamed. Learned counsel for the applicant submits that in her statement recorded under Section 180 BNSS, the victim has made specific allegations only against the co- accused, whereas the only allegation against the present applicant is that he abused the victim. It is further submitted that while giving her statement under Section 183 BNSS, the victim made improvements and, for the first time, levelled an allegation of rape against the co-accused Abhishek and not on the present applicant. Only role assigned to the applicant is that he has instigated the co-accused to rape the victim. The applicant is innocent, has no criminal antecedents, and the charge sheet has already been filed. The applicant has been in jail since 25.05.2025. It is also pointed out that the victim refused to undergo medical examination and no ossification test has been conducted to determine her age. Learned A.G.A. has opposed the prayer for bail and submitted that the victim was a minor at the time of the incident. As per the school register, her date of birth is 10.04.2010, which establishes that she was about 15 years of age on the date of occurrence. 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, it is evident that prima facie no allegation of rape finds place in her statement recorded under Section 180 BNSS, whereas such allegation has been introduced subsequently in her statement under Section 183 BNSS agaisnt the co-accused Abhishek and not on the applicant; no radiological/ossification test of the victim has been conducted; she has also refused to undergo medical examination; as also the fact that the applicant has been in jail since 25.05.2025 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 Anup Kumar be released on bail in aforesaid case crime 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 :- 19.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench