HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7719 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. Whereas, no one has put in appearance on behalf of the complainant despite notice. 2. The applicant seeks enlargement on bail in Case Crime/FIR No.77/25, under Section 70(2), 351(3), 352 of the Bharatiya Naya Sanhita 2023 read with Section 5G/6 of the POCSO Act, Police Station - Rahimabad, District - Lucknow. 3. Learned counsel for the applicant submits that in terms of the FIR it was alleged that the informant, aged about 13 years, had gone with the applicant. The applicant threatened her, abused her, and was feared by him. It was also stated that he agreed to marry her and thereafter he was not doing so. In the statement under Section 180 BNSS, similar averments were made, but no allegations of rape were leveled. However, in the statement under Section 183 BNSS, allegations of rape were leveled for the first time. The victim refused to undergo medical examination. Learned counsel for the applicant relies on WhatsApp chat between the parties to indicate their closeness. The co-accused has already been enlarged on bail. 4. Learned AGA has opposed the bail application. 5. Considering the huge variance in the statements and the refusal to go medical examination, the applicant, who is in custody since 15.05.2025 and Versus Counsel for Applicant(s) : Mayank Pandey Counsel for Opposite Party(s) : G.A. Abhishek Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) has no criminal history, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Abhishek Kumar be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs. 20,000/- (Twenty Thousand) each of the like amount 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. November 7, 2025 Mohit Singh/- BAIL No. 7719 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench