HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8816 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.66 of 2025, under Sections 70(2), 351(3) BNS and Sections 5(G)/6 of POCSO Act, P.S. Ibrahimpur, District Ambedkar Nagar. 5. In the prosecution case it is alleged that on 30.03.2025 at about 11:00 pm applicant has enticed away the 18 years old daughter of the informant to Ambedkar Nagar where instead of taking his home he took at the home of his friend Anand Verma where she made physical relationship with her. Earlier also, 2-3 times the physical relationship has been made by the applicant and now the applicant is denying to marry the victim. 6. Learned counsel for the applicant submits that victim has repeated the prosecution case in the statement under Section 180 BNSS however, while giving statement under Section 183 BNSS total prosecution story has been changed by the victim where it has been stated that Anand Versus Counsel for Applicant(s) : Syed Amir Hasan, Afaq Zaki Khan Counsel for Opposite Party(s) : G.A. Shiv Balak Verma @ Babloo Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) Verma co-accused has taken the victim on 30.03.2025. It is alleged that applicant raped her at his home then co-accused also raped her. He submits that contradictory statements to the victim under Sections 180 & 183 BNSS raised doubt on the prosecution case. There is lack of corroborative medical report, there is no abnormality in the medical legal examination of the victim. As per the ossification test, victim is 16-17 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. Charge- sheet in the case has been filed. He submits that the applicant is in jail since 01.06.2025. 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 01.06.2025 having no criminal history, charge-sheet in the case has been filed, contradictory statements of the victim so also the fact that there is lack of corroborative material in support of the prosecution case, judgment of Hon'ble Supreme Court passed in Jaya Mala (supra) 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 Shiv Balak Verma @ Babloo Verma 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 BAIL No. 8816 of 2025 2 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). September 15, 2025 Saurabh Yadav/- BAIL No. 8816 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench