HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7724 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondents. 2. Learned A.G.A. on the basis of written instruction submits that notice to the complainant is served. 3. None appears for the complainant. 4. In compliance of the order passed by this Court dated 19.08.2025, personal affidavits have been filed by Sri Jay Prakash Yadav, the Investigating Officer as well as Sri Santosh Kumar, Circle Officer however, no reason could be assigned by the Investigating Officer as to why he failed to record the statement of the sole eye witness in the case. 5. Learned A.G.A. submits that Circle Officer was not posted at the relevant time rather he has been recently posted. 6. The affidavits filed today are taken on record. 7. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.84 of 2025, under Sections 64(1), 333, 351(3) of BNS and Sections 3/4 of POCSO Act, P.S. Asiwan, District Unnao. 8. In the prosecution case it is alleged that on 27.03.2025 at about 02:30 Versus Counsel for Applicant(s) : Dheeraj Awasthi Counsel for Opposite Party(s) : G.A., G.A. Veerpal Pasi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) in the night minor daughter of the informant while she was sleeping alone has been molested by accused Veerpal. Upon alarm being raised he ran away. At the time of incident, the informant and his wife Saleem were not at home. 9. Learned counsel for the applicant submits that in the statement under Section 180 BNSS, victim has made improvement and has alleged that on 26.03.2025 while she was sleeping she was raped by the applicant however, in the medico legal examination, no internal or external injury has been seen on the private part of the body of the victim. No corroborative evidence has been found in the medico legal examination of the victim. While giving statement under Section 183 BNSS further improvement has been made by the victim while alleging rape on the applicant. She has also stated that his brother namely, Sachin was also sleeping on the same cot. The statement of brother of the victim has also been recorded under Section 183 BNSS. A perusal of the statement of brother of the victim shows that he has not seen the applicant. The statement of the victim has been falsified by the statement of eye witness Sachin. As per the ossification test, victim is 16 years old, however, plus- minus two years of variation is possible on either side in determination of the age as per the ossification test and the applicant being the accused is entitled to the benefit of higher side in view of the judgment of the Supreme Court passed in the case of "Jaya Mala v. Govt. of J & K, (1982) 2 SCC 538 ". Applicant has no criminal history. He submits that the applicant is in jail since 28.03.2025. 10. Learned A.G.A. has opposed the bail prayer. 11. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 28.03.2025 having no criminal history, improvement made by the victim in the prosecution case, statement of independent witness/eye witness Sachin lack of corroborative material in the medico legal examination of the victim and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 12. Accordingly, the bail application is allowed. BAIL No. 7724 of 2025 2 13. Let the applicant Veerpal Pasi 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 trial court 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 Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS). August 28, 2025 Saurabh Yadav/- BAIL No. 7724 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench