HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9494 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. None appears on behalf of the complainant, although, as per the instructions of learned A.G.A, notice to the complainant is served. 2. As per the prosecution case, the son of the informant/complainant, aged about 15 years, who is mentally retarded, was enticed away by the applicant in the sugarcane field situated 500 metres away from the village, where he was subjected to unnatural sex (carnal intercourse). 3. Learned counsel for the applicant submits that the applicant has no criminal antecedents. It is submitted that the victim, while recording his statements under Sections 180 and 183 of the BNSS, has made substantial improvements and no date of the incident has been narrated by him. As per the statement of the victim recorded under Section 183 B.N.S.S, he was found mentally fit. Even in the medico-legal examination of the victim, no sign of injury was found in the anal canal and anorectal junction. There is lack of corroborative medical evidence as the medical report does not support the prosecution version. 4. It is further submitted that there is no possibility of the applicant 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. 5. 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. 6. Considering the victim's statements recorded under Sections 180 and 183 Versus Counsel for Applicant(s) : Hari Narayan Singh Counsel for Opposite Party(s) : G.A. Satya Narayan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) BNSS, the absence of corroborative medical evidence, as also the fact that the applicant is languishing in jail since 28.06.2025 without any criminal history, this Court finds it to be a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Satya Narayan involved in Case Crime/FIR No. 0209 of 2025, Under Section- 4(2) POCSO Act, Police Station- Majhila, 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 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). 9. 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. October 7, 2025 DiVYa BAIL No. 9494 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench