HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11763 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. None appears for the complainant although notices is served. 3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.338 of 2024, under Sections 333, 65(1), 352, 351(2) BNS and Sections 3/4 of POCSO Act, P.S. Paraspur, District Gonda. 4. In the prosecution case it is alleged that the applicant on 24.07.2024 at about 12:30 in the night jumped inside the house of the informant and started molesting her daughter after gagging her mouth. While going away the mobile of the applicant was left at the house of the informant. 5. Learned counsel for the applicant submits that victim in her statement under Section 180 BNSS has stated that incident took place on 24.07.2024 whereas in the statement under Section 183 BNSS, the date of incident has been changed to 23.07.2024. In the statement under Section 180 BNSS, no allegation of rape has been levelled by the victim, however, while giving statement under Section 183 BNSS, she for the first time has alleged rape. It has also been alleged by the victim that she Versus Counsel for Applicant(s) : Pankaj Verma, Mamta Tripathi, Om Prakash Tiwari, Shilpi Singh Bhadauriya Counsel for Opposite Party(s) : G.A. Guddu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Lucknow And Others .....Opposite Party(s) suffered injury in her mouth and there are nail marks on her face. He has also drawn attention of the court towards the injury report of the victim where no such injuries have been found by the doctor. The other injuries mentioned therein are 3 days old which are not linked with the present incident, injuries are simple in nature. The victim has been examined before the trial court, there is no chance of tampering the evidence. Applicant has no criminal history. He submits that the applicant is in jail since 25.07.2024. 6. Learned A.G.A. has opposed the bail prayer and submits that as per the victim on the date of incident 14 years, 9 months and 5 day old however, no radio-logical examination of the victim has been conducted neither any reason can be assigned for not subjecting the victim tot he ossification test. 7. Perused the record. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 25.07.2024 having no criminal history, victim has been examined before the trial court and in the statement under Sections 180 & 183 BNSS, the date of the incident are different, there is no chance of tampering the evidence and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant-Guddu be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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, 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 BAIL No. 11763 of 2024 2 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 Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS). August 28, 2025 Saurabh Yadav/- BAIL No. 11763 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench