HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10714 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.145 of 2025, under Section 70(2), 115(2), 351(3), 352 BNS & Section 5(g)/6 of POCSO Act, P.S. Matera, District Bahraich. 3. In terms of the FIR it was alleged that granddaughter of the informant aged about 16 years was going back when the applicant caught hold of her and misbehaved with her. No allegation of rape was levelled. In the statement under Section 180 BNSS once again, the allegation was reiterated, however, there was no allegation of rape. She also admitted that she was talking to the applicant regularly. However, in the statement under Section 183 BNSS, allegation of rape was levelled. The victim had intially refused to undergo medical examination, however, the same was subsequently done which does not corroborate the allegation. 4. Learned AGA has opposed the bail application. 5. Considering the huge variance in the statement and the medical not corroborating any of the allegation, the applicant who is in custody since 30.05.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Ashish Raman Mishra, Udit Narayan Counsel for Opposite Party(s) : G.A. Aafaq Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Aafaq Khan 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. November 11, 2025 nishant BAIL No. 10714 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench