HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10687 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. The present application has been filed seeking bail in FIR/Case Crime No.0264/2025, under Sections 65 (1) BNS, 2023(Corresponding Section 376 (3) IPC) and Section 5 j (ii)/6 POCSO Act, 2012, Police Station Kotwali Dehat, District Balrampur. 3. Learned counsel for the accused-applicant submits that in FIR there is no allegation of rape against the applicant and the FIR indicates that the father of the victim has stated the fact that his daughter had given birth to a child and further it is mentioned in the FIR that someone had committed sexual assault against his daughter. Counsel for the applicant has further invited attention of this Court under Section 183 BNSS and has pointed out that the victim has stated that she is 16 years of age and the applicant is her neighbour and she had sexual relations with him many times. Though she has stated that the sexual relation was established against her but it has been submitted by the learned counsel for the applicant that for such a long span of time neither the victim nor her father lodged any FIR. The name of the applicant was not disclosed at any point of time. It has been submitted that girl gave birth to a child and no any medical complication took place, thus, it indicates that the victim was healthy and she was major. Applicant does not Versus Counsel for Applicant(s) : Ravi Singh Counsel for Opposite Party(s) : G.A. Kamlesh @ Gallu @ Gulle .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) have any criminal history and is in jail since 28.7.2025. It has been submitted by the learned counsel for the applicant that notice has been served on the guardian of the victim but none has appeared on her behalf. 4. On the other hand learned A.G.A. has opposed the prayer of bail and submitted that statement of the victim under Section 183 BNSS in the case of allegation of rape is levelled, therefore, single testimony of victim is sufficient to convict the appellant. 5. After going through the record and hearing the the submissions of the parties and argument of the learned counsel for the applicant that it is a case of consent, argument that the applicant's name is not disclosed in the FIR, it is a fit case for bail and without entering into the merit of the case, the applicant is entitled to be released on bail. 6. Let applicant - Kamlesh alias Gullu alias Gulle be released on bail in the above case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :- (i) The applicant shall file an undertaking to the effect that she 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. 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 her, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then BAIL No. 10687 of 2025 2 it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. November 3, 2025 mks BAIL No. 10687 of 2025 3 (Brij Raj Singh,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench