HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9059 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. It is alleged in the prosecution case that on 06.08.2025, the daughter of the informant, aged about 17 years, left her house around 10:00 a.m. without informing the family members. Despite extensive search, she could not be traced. On the same day, the husband of the informant received information that she was at Lucknow Charbagh Railway Station, from where the informant and her husband brought her back. 3. Learned counsel for the applicant submits that in her statement under Section 180 BNSS, the victim stated that she had known the applicant for about three months. It is pointed out that no allegation of rape was made in the FIR. However, improvements were introduced in her statement under Section 180 BNSS, wherein she alleged that prior to 06.08.2025, she had been subjected to sexual assault on multiple occasions by the accused. It is further submitted that she waited for the applicant at Charbagh Railway Station, Lucknow, but he did not come. In her subsequent statement under Section 183 BNSS, further improvements were made, though she reiterated that she had been called by the applicant to Charbagh Railway Station, where she went, but the applicant did not come. 4. It is further argued by learned counsel for the applicant that as per the ossification test, the victim is found to be a major of about 18 years, whereas the educational record reflects her age as 17 years and 3 months. Versus Counsel for Applicant(s) : Anil Kumar Pandey Counsel for Opposite Party(s) : G.A. Vikas Babu Joshi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) In the medico-legal examination, no corroborative evidence or abnormality has been detected. It is submitted that the applicant is innocent, the victim was a consenting party, and she is nearly of majority age. 5. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 7. On due consideration to the statements of the victim recorded under Sections 180 and 183 BNSS, the improvements made therein, the absence of corroborative material in the medical examination, the age of the victim, and coupled with the fact that the applicant is in custody since 08.08.2025 without any criminal antecedents, I am of the view that this is a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Vikas Babu Joshi involved in Case Crime No. 762/2025, U/Ss-137(2)/64(2)(da)/351(3) of B.N.S. And Section 5 (Tha)/6 of POCSO Act Police Station - Kotwali Nagar District - Barabanki, 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 BAIL No. 9059 of 2025 2 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 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). 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 22, 2025 R.C. BAIL No. 9059 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench