HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7744 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned counsel for the complainant Dilip Kumar Verma who has filed vakalatnama today in court which is taken record, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that minor daughter of the complainant aged about 17 years on 20.12.2024 at 9.30a.m. while going to school from home was stopped by the accused and was made to sit on his motorcycle by threatening. She was taken to Prayagraj and was molested. Thereafter, she was left at 4.00p.m. at home. 3.Learned counsel for the applicant submits that the victim in her first statement under section 180 BNSS has not alleged any rape. In her second statement under section 180 BNSS, she has made improvement and has made forcible physical relations from her. While giving statement under section 183 BNSS, again she has made improvement. She has stated that no force was applied by the applicant. She has stated that she has not tried save herself and no injury was sustained by her. The applicant has explained previous criminal history of one case in the supplementary affidavit which is filed today and is taken on record. The applicant is in jail since 20.1.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. Versus Counsel for Applicant(s) : Ashutosh Pratap Singh Counsel for Opposite Party(s) : G.A. Mantosh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Of U.P. Lko. And 3 Others .....Opposite Party(s) In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. and complainant's counsel opposed the prayer for bail. Learned A.G.A. submits that the statement of the victim under section 183 BNSS is clear. The victim is minor and she has been raped. It is a heinous offence. 5.Considering the facts and circumstances of the case, the first information report has been lodged after a delay of six days, medico legal examination of the victim, lack of any corroborative material to support the prosecution case, right from the first information report, and two statements of the victim under sections 180 and 183 BNSS, at every stage of the prosecution case, improvement has been made by the victim, statements of the victim do not inspire confidence, the victim as per her school record and as per radiological examination is 17 years of age, judgment of Supreme Court in Jaya Mala versus Home Secretary, Govt. of Jammu & Kashmir and others (1982)2 SCC 538 according to which margin of error in age ascertained by radiological examination is two years on either side, charge sheet has been filed, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Mantosh Kumar, involved in Case Crime No.185 of 2024 under sections 126(2), 137(2), 87, 74, 64(1), 351(3) BNS, 3/4, 7/8 POCSO Act, P.S. Delhupur, district Pratapgarh, 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 BAIL No. 7744 of 2025 2 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 I.P.C. (now 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. August 26, 2025 kkb/ BAIL No. 7744 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench