Neutral Citation No. - 2025:AHC-LKO:48543 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11317 of 2024 Applicant :- Suraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Ramakar Shukla,Abhinav Singh Counsel for Opposite Party :- G.A.,Ajeet Kumar Singh Hon'ble Karunesh Singh Pawar,J. Rejoinder affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that the applicant used to call forcefully on phone of the minor daughter of the informant aged about 15 years. On 8.5.2024, despite refusal to call the victim, the applicant started taking in an indecent manner. Again on 10.5.2024 at about 11.00 pm, he called the victim and tried to overpower her and further threatened her with dire consequences. Learned counsel for the applicant submits that the applicant is innocent. The victim in her statement under Section 161 CrPC has not made any allegation of rape. In the first medico legal examination of the victim, no marks of external injury have been seen on any part of her body. The victim has been radiologically examined. In the first ossification test, she has been found to be 15 years old. In the second ossification test, she has been found to be 16 years old. It is submitted that in the statement under Section 164 CrPC, for the first time, the victim made improvement in the prosecution story and made an allegation of rape against the applicant as well as the co-accused Ajit. The investigating officer after conducting thorough investigation has filed the charge-sheet against the co-accused under Section 506 IPC, although the allegations against the applicant and the co-accused were similar. The investigating officer during investigation in the case diary has opined that both the applicant and the victim were in love relationship and considering the minority of the victim, the charge-sheet has been filed. It is further submitted that the applicant has no criminal history and he is languishing in jail since 3.6.2024. 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. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail and submitted that as per the school record, the victim was about 14 years old on the date of alleged incident. On due consideration to the submissions advanced, perusal of the record, ossification test of the victim so also the fact that the charge-sheet against the co-accused Ajit has been filed under Section 506 IPC, although the allegations against the applicant and the co-accused were similar; there is lack of corroborative material against the applicant; the applicant is a young boy aged about 19 years; he has no criminal history; he is languishing in jail since 3.6.2024 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. Accordingly, the bail application is allowed. Let the applicant- Suraj involved in Case Crime No. 132 of 2024, under Sections 376, 506 IPC & Section 3/4 of POCSO Act, Police Station- Lonar, District- Hardoi, 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 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 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 19.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench