HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8865 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Notice to the complainant has been served as per the instructions of learned A.G.A. however no one has appeared on behalf of the complainant. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.130 of 2025 under section 351(3)/352/70(2) BNS and Section 5g/6 POCSO Act, Police Station Pasgawan, District Lakhimpur Kheri. In the prosecution case it is alleged that on 06.04.2025, while the daughter of the informant had gone to see the fair in the town, the accused Shyambabu Kushwaha, with ill intention, caught hold of her hand, started teasing her, and attempted to make her sit on his motorcycle. Upon the victim raising an alarm, the informant reached the spot. It is further alleged that the accused abused the informant, threatened to kill him, and thereafter ran away. Learned counsel for the applicant submits that in her statement under Section 180 BNSS, the prosecutrix has repeated the story of the First Information Report. However, while giving her statement under Section 183 BNSS, improvements have been made wherein an allegation of rape has been levelled against co-accused Shyambabu Kushwaha, and it is alleged that the applicant was standing there and kept guard for the co-accused. No Versus Counsel for Applicant(s) : Alok Kumar Singh Counsel for Opposite Party(s) : G.A. Sohit Kushwaha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) allegation of rape has been made against the applicant. The name of the applicant surfaced for the first time in the statement of the victim under Section 183 BNSS. It is further submitted that the medical examination of the victim has not revealed any abnormality and does not corroborate the prosecution case. The applicant is innocent and has been falsely implicated. It is further submitted that there is no possibility of the applicant fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty so granted. Learned A.G.A. has opposed the prayer for bail and submitted that as per the school record, the victim is a minor aged about 15 years, 3 months, and 5 days, and the offence is heinous in nature. However, it has been conceded that no ossification test of the victim has been conducted. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the case of the applicant stands on a different footing from that of co-accused Shyambabu Kushwaha; that the applicant has no criminal antecedents; that the charge-sheet has already been filed; and also considering the improvements made in the prosecution case at the stage of statement under Section 183 BNSS 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. Accordingly, the bail application is allowed. Let the applicant Sohit Kushwaha 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, BAIL No. 8865 of 2025 2 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 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). September 16, 2025 Madhu D.R/P.S BAIL No. 8865 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench