HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9484 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit, filed by learned counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant, Shri Surendra Kumar Yadav, learned counsel appearing for the informant as well as learned A.G.A. for the State and perused the material available on record. 3. The applicant seeks enlargement on bail in F.I.R./Case Crime No. 453 of 2025, under Sections 64(1), 75(2), 126(2), 333, 351(3) of B.N.S., 2023 Police Station Fatehpur, District Barabanki. 4. The F.I.R. in question was lodged on 16.06.2025 alleging that on 15.05.2025 at about 6:00 pm., when the informant was returning home, a person whose face was covered with the black cloth and on removing the cloth, it was revealed that it was the applicant, it was stated that subsequently, the applicant tried to commit wrong on her after pulling her in a field and, subsequently, on 29.05.2025, the applicant started misbehaving with the informant once again. It was stated that the applicant was threatening to commit wrong on the informant, however, in the statement recorded under section 180 BNSS, the allegation of insertion of finger in the private parts was alleged and also allegation of wrong being committed was stated in the statement under Section 183 BNSS, with regard to insertion of finger in the private parts, the victim has refused to undergo medical examination as is evident from the Annexure No.5. In the statement of, the brother of the informant, allegation with regard to an inappropriate touching were made against the applicant, no allegation of rape or insertion were made. Versus Counsel for Applicant(s) : Ratnesh Kumar Rawat, Ashok Kumar, Rohit Yadav Counsel for Opposite Party(s) : G.A. Lavkush .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 5. Learned counsel for the applicant has placed on record his criminal antecedents, however, the same are minor offences. Supplementary affidavit, which have taken on record, also indicates the other three cases in which, the applicant has been implicated, which are also minor offences. 6. Learned A.G.A. has opposed the bail application. 7. Considering the fact that the victim has refused to undergo medical examination, there are variations in the two statements recorded under Section 180 and 183 BNSS and the brother of the informant has also not supported the allegation of rape being committed, the applicant, who is in custody since 27.06.2025 and has explained the criminal antecedents, as recorded above, is enlarged on bail. In view thereof, the bail application is allowed. 8. Let the applicant- Lavkush 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 Praveen BAIL No. 9484 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench