HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12096 of 2024 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.318 of 2024, under Section 65, 331(2) BNS & Section 5/6 of POCSO Act, P.S. Shivgarh, District Raebareli. 3. In terms of the FIR it was alleged that on 18.09.2024 at about 10:30 PM daughter of the informant aged about 12 years was at the terrace when the applicant came and misbehaved with her; no allegation of rape was levelled. Statement of the victim has been recorded during trial in which she stated that on the date of the incident, the applicant came and misbehaved with her and wrong was also committed, however, the mother came and bit him because of which he ran away. Medical on record does not corroborate the allegation. The victim has refused to undergo DNA test. 4. Learned AGA has opposed the bail application. 5. Considering the statement of the victim recorded during trial which is at huge variance to the FIR version; the FIR version appears to be highly improbable, the applicant who is in custody since 20.09.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Santosh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Sumit Alias Aman Kurmi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Sumit Alias Aman Kurmi 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 17, 2025 nishant BAIL No. 12096 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench