HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5987 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. No one has put in appearance on behalf of the informant despite notice. 2. The accused-applicant seeks bail in FIR/Case Crime No.054 of 2025 under Sections 376AB, 506 IPC and 5(m)/6 of POCSO Act, P.S.- Payagraj, District- Bahraich. 3. In terms of the FIR lodged on 15.02.2025 through application U/S 173(4) lodged on 11.09.2024, it was alleged that on 27.06.2024 at about 6:00 hours, daughter of the informant aged about 7 years, was taken by the applicant and her clothes were removed and an attempt to rape was made by the applicant. Subsequently, in the statement recorded under Section 180 BNSS, the victim stated that around five to six months ago, an attempt was made by the applicant. No allegation of penetrative sexual assault was leveled. However, in the statement recorded under Section 183 BNSS, the victim for the first time leveled the allegation of penetrative sexual assault before the medical authorities and allegations were leveled that the applicant had tried to commit the offence. The tentative age of the victim is around ten years. 4. Learned counsel for the applicant states that at the instance of the mother of the applicant, against the uncle of the victim, criminal proceedings were initiated through FIR No.41 of 2014, in which the accused was convicted Versus Counsel for Applicant(s) : Afzal Hasan, Ajey Singh Counsel for Opposite Party(s) : G.A. Ramashish @ Nirhu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others .....Opposite Party(s) and sent to jail, because of which, present FIR was lodged. 5. Learned AGA has opposed the bail application. 6. Considering the facts and circumstances and the delay in lodging of the FIR as well as the FIR No.41 of 2014 lodged against the uncle of the victim, medical on record coupled with the fact that the applicant is in custody since 08.04.2025 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant- Ramashish @ Nirhu be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the 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 V. Sinha BAIL No. 5987 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench