HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8086 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Learned A.G.A. on the basis of written instructions submits that notices to the complainant is served. 3. None appears for the complainant. 4. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.43 of 2025, under Section 69 of BNS and Sections 5/6 of POCSO Act, P.S. Alapur, District Ambedkar Nagar. 5. In the prosecution case it is alleged that co-accused Sohail on the pretext of marriage has sexually exploited the victim/complainant for the last one year. It is further alleged that applicant who is the cousin brother of the co-accused Sohail has sexually exploited the younger sister of the complainant aged about 18 years. 6. Learned counsel for applicant submits that statement of the victim under Sections 180 & 183 BNSS suffer from improvement. The complainant is also victim in this case. The complainant has turned hostile in the trial. There is lack of corroborative medical evidence in support of prosecution case. Age of the victim in the ossification test has been found Versus Counsel for Applicant(s) : Neha Singh, Ajit Shukla, Prateek Kumar Dubey Counsel for Opposite Party(s) : G.A. Saddam Husain .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) to be 16-17 years. Victim is a consenting party.The charge-sheet has been filed. Applicant has no criminal history. It is a case of false implication. He submits that the applicant is in jail since 16.04.2025. 7. Learned A.G.A. has opposed the bail prayer. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 16.04.2025 having no criminal history, complainant has turned hostile, improvement made by the victim in the prosecution case, lack of corroborative evidence and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Saddam Husain 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). BAIL No. 8086 of 2025 2 (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). September 1, 2025 Saurabh Yadav/- BAIL No. 8086 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench