HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8434 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State as well as Shri Ali Moid, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. 2. In the prosecution case, it is alleged that the minor daughter of the informant, aged about 16 years, has been subjected to sexual exploitation by the applicant on the pretext of marriage for the last two years and is said to be seven months pregnant. 3. Learned counsel for the applicant submits that even if the prosecution story is accepted as it is, the allegation only indicates that physical relations were made by the applicant with the victim on the pretext of marriage, which does not constitute any offence under Section 64 BNS. During investigation, the prosecutrix was found to be major, both as per her school records and the ossification test report. Hence, the provisions of Sections 5/6 of the POCSO Act were dropped at the stage of filing the charge sheet. It is also pointed out that no DNA test of the allegedly newly born child has been conducted by the prosecution. 4. It is further submitted that the applicant has been in custody since 02.07.2025 and has no criminal antecedents. It is contended that there is no likelihood of the applicant absconding after release or tampering with the witnesses, and in the event of his release on bail, he shall not misuse the Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A., Akhand Pratap Pandey, Mohd Agha Haider Rizvi, Ritwick Singh, Sanjeev Verma, Ali Moid Rizwan @ Mohd. Rizwan Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) liberty. 5. Learned A.G.A. and learned counsel for the complainant opposed the bail application; however, they did not dispute the fact that no DNA test of the allegedly born child has been carried out. 6. On due consideration to the delay of two years in lodging the FIR, the statements of the victim recorded under Sections 180 and 183 BNSS, the fact that the victim is major, and the applicant is in custody since 02.07.2025 without any criminal antecedents, this Court finds it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Rizwan @ Mohd. Rizwan Khan involved in Case Crime No. 113/2025, Under Section 64 BNS, Police Station : Dhammaur, District Sultanpur, 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 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 in BAIL No. 8434 of 2025 2 accordance with law. (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 IPC (now Section 209 of BNS). 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 9, 2025 R.C. BAIL No. 8434 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench