HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9542 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the complainant despite notice. 2. The applicant seeks enlargement on bail in FIR No.131 of 2025, under Section 65(1), 352, 351(3) BNS, Section 3/4(2) of POCSO Act and Section 3(1)(da)(dha), 3(2)(v) of SC/ST Act, P.S. Risia, District Bahraich. 3. The FIR in question was lodged alleging that on 31.05.2025 daughter of the informant was sleeping at the terrace when the applicant came and misbehaved with her and when she raised hue and cry, he ran away. The age of the daughter was disclosed as 14 years. In the statement under Section 180 BNSS, the victim also reiterated that she was improperly touched and when she raised hue and cry, the applicant ran away. However, in the statement under Section 183 BNSS, the victim stated for the first time that on 23.05.2025 when she was sleeping at the terrace, the applicant who was earlier friend with the informant, came and committed wrong on her. The medical of the victim was done on 02.06.2025 which indicate no sign of use of force or sexual violence. 4. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Shiv Pal Singh, Ambrish Kumar, Anurag Singh Counsel for Opposite Party(s) : G.A. Shiv Nandan Singh @ Bhure .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others .....Opposite Party(s) 5. Considering the medical report not corroborating with the allegations as well as the huge variance in the statements under Section 180 BNSS and 183 BNSS, the applicant who is in custody since 18.04.2025 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Shiv Nandan Singh @ Bhure be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. October 7, 2025 nishant BAIL No. 9542 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench