HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8071 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 3. The accused-applicant seeks bail in Case Crime No.118 of 2025 under Section 64(1), 352, 351(3) BNS and Section 5/6 POCSO Act, Police Station Katra Bazar, District Gonda. 4. In the prosecution case, it is alleged that on 21.05.2025, at about 8:00 p.m., while the daughter of the informant, aged about 19 years, had gone to ease herself, the applicant molested her. 5. Learned counsel for the applicant submits that in the FIR as well as in the statement of the victim, the allegation against the applicant was limited to molestation, and there was no allegation of rape. However, while recording her statement under Section 183 BNSS, for the first time, an improvement was made and the allegation of rape was introduced. 6. It is further submitted that in the medico-legal examination of the victim, no corroborative evidence was found. The hymen of the victim was found intact. The applicant has no criminal antecedents and is languishing in jail since 13.06.2025. It is also pointed out that the charge-sheet in this case has Versus Counsel for Applicant(s) : Amar Singh Counsel for Opposite Party(s) : G.A. Shadab .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) already been filed. 7. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. 8. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. 9. On due consideration of the facts that as per the radiological examination the victim is major; there are contradictions in the statements of the victim under Sections 180 and 183 BNSS; there is lack of corroborative medical evidence; the applicant has no criminal antecedents; and he is in jail since 13.06.2025 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. 10. Accordingly, the bail application is allowed. 11. Let the applicant Shadab 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, BAIL No. 8071 of 2025 2 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). August 27, 2025 Madhu D.R/P.S BAIL No. 8071 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench