HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9667 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.0170 of 2025, under Section 64(1), 127(2), 351(3) BNS, Section 3/4 of POCSO Act and Section 3(2)v of SC/ST Act, P.S. Malipur, District Ambedkar Nagar. 3. From the records it transpires that a similar FIR was lodged by the same informant against the same applicant being FIR No.68 of 2024, under Section 354, 506 IPC and Section 7/8 of POCSO Act at P.S. Malipur, District Ambedkar Nagar in which the applicant was enlarged on bail vide order dated 13.09.2024. Subsequently, the FIR in question was lodged alleging that on 13.08.2025 the applicant alongwith his mother caught hold of the victim and took her to a lonely place where she was kept as hostage for more than four hours and thereafter, the mother of the applicant left and the applicant committed wrong on her. It was also stated that she was threatened to withdraw the case. A somewhat similar statement was given under Section 180 and 183 BNSS. The medical on record does not corroborate any of the allegations as alleged in the FIR; even the hymen was found to be intact in the said medical examination. 4. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Prem Prakash Singh, Javed Khan Counsel for Opposite Party(s) : G.A. Gulshan @Nirahua .....Applicant(s) State Of U.P. Thru. Prin. Addl. Chief Secy. Home Lko And 3 Others .....Opposite Party(s) 5. Considering the medical on record and there being inherent improbability in the statement of the victim, the applicant who is in custody since 15.08.2025 and has no criminal history except a case lodged by the same informant in which the applicant has been enlarged on bail, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Gulshan @Nirahua 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 9, 2025 nishant BAIL No. 9667 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench