HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8395 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.. 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.168 of 2025, under Sections 87, 137(2), 65(1), 352, 351(2) of BNS and Sections 5(ठ)/6 of the POCSO Act, P.S. Kotwali Nagar, District Raebareli. 5. In the prosecution case it is alleged that on 14.04.2025 at about 04:00 am minor daughter of the informant aged about 16 years has been enticed away by the applicant. 6. Learned counsel for the applicant submits that victim while giving statement under Section 180 BNSS has denied the prosecution story. She has stated that no incident has taken place as alleged in the F.I.R. While giving statement under Section 183 BNSS by making improvement allegation of rape has been levelled by the victim on the applicant for the first time. It is submitted that an application was given by the victim along with affidavit before the learned special court in this case where victim Versus Counsel for Applicant(s) : Ankit Singh Counsel for Opposite Party(s) : G.A. Satish Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And 4 Others .....Opposite Party(s) has denied any such incident, copy of the affidavit is on record. 7. He further submits that no corroborative injury or material has been found in the medico legal examination of the victim. As per the school record, victim is 15 years, 9 months and 8 days old. He submits that the applicant is in jail since 24.07.2025. 8. Learned A.G.A. has opposed the bail prayer. 9. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 24.07.2025, contradictory statement of the victim under Sections 180 & 183 BNSS, lack of corroborative evidence in support of the prosecution case, applicant has no criminal history, charge-sheet in the case has already been filed, victim has been examined before the trial court and without expressing any opinion on 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-Satish Kumar 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. BAIL No. 8395 of 2025 2 (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). September 3, 2025 Saurabh Yadav/- BAIL No. 8395 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench