HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12570 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Upendra Kumar Singh, learned counsel for the respondents no. 2. and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 305 of 2024, under sections 351(3), 127(2), 65(1) BNS, Sections 3/4 POCSO Act, P.S. Kotwali Bhinga, District Shrawasti. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on night of 2 to 3 August 2024 at about 1:30 the daughter of the informant had gone out of home and was caught by applicant who took her home and committed wrong on her and when the informant apprehended and went to home of applicant her daughter was recovered. In the statement under Section 180 BNSS the victim stated that on the date of incident the applicant caught hold of her and took her home and wrong was also committed alongwith one other person and she was tied. Subsequently she herself opened her hands and started shouting when her father came. In the statement under Section 183 BNSS the victim stated that the applicant had caught hold of her and took her to home which on first floor and thereafter wrong was committed on her and thereafter the father came and recovered her. Medical on record does not corroborate the allegations. The tentative age of the victim is around 18 years. The Versus Counsel for Applicant(s) : Pt. Devesh Kumar Mishra, Abhishek Dwivedi, Bhavesh Chandel, Shivendra S Singh Rathore Counsel for Opposite Party(s) : G.A., Saurav Kumar Singh, Upendra Kumar Singh Jamshed .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) site map on record indicates sufficient distance in between two places. 4. Learned AGA has opposed the bail application. 5. Considering the improbability of allegations, however, without commenting upon the merits of the case, the applicant who is in jail since 4.8.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Jamshed 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 19, 2025 J. K. Dinkar BAIL No. 12570 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench