Neutral Citation No. - 2025:AHC-LKO:48578 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12258 of 2024 Applicant :- Kamlesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And 3 Others Counsel for Applicant :- Amit Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State. None appears on behalf of the complainant. In the First Information Report (FIR), it is alleged that the informant's daughter was molested on March 26, 2024, at approximately 9:00 a.m. while she went to relieve herself in a field. Learned counsel for the applicant submits that the incident occurred on March 26, 2024, however, the FIR was lodged on July 27, 2024, without any explanation for the delay. According to school records, the victim is 16 years and 8 months old, yet the investigating officer did not conduct an ossification test to verify her age. Furthermore, in her statement recorded under Section 180 of the BNSS, the victim made allegation of rape without specifying any date or time. While giving statement under Section 183 BNSS, she made further improvement. It is further submitted that the medico-legal examination of the victim does not disclose any material to substantiate the prosecution case. The applicant, being innocent, has been falsely implicated. It is also urged that there is no apprehension of the applicant absconding or tampering with the prosecution witnesses. The applicant further undertakes that, if enlarged on bail, he shall not misuse the liberty so granted. Learned A.G.A. opposed the prayer, however, could not assign any reason as to why the radiological test of the victim has not been conducted. Upon due consideration of the victim's inconsistent statements, the unexplained four-month delay in lodging the FIR, the filing of the charge sheet, and considering that the applicant has no criminal history and is in jail since 03.08.2024, this Court finds it to be a fit case for granting bail. Accordingly, the bail application is allowed. Let the applicant Kamlesh involved in Case Crime No. 208/2024, U/s-376/323/504/506 I.P.C & 3/4 POCSO Act, P.S.- Khamariya, District- Kheri 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). 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. Order Date :- 19.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench