HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11667 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the informant despite notice. 2. The applicant seeks enlargement on bail in FIR No. 76 of 2025, under sections 74, 352, 351(2), 64(1) BNS, Sections 3/4, 7/8 POCSO Act, P.S. Nawabganj, District Pratapgarh. 3. Learned counsel for the applicant argues that in terms of FIR lodged on 4.6.2025 it was alleged that on 27.5.2025 the informant had gone to Lucknow when the daughter of the informant aged about 15 years was threatened by the applicant and she was also misbehaved with. She also stated that thereafter the daughter used to stay with her at Lucknow. However the applicant was threatening her. In the statement under Section 180 BNSS the victim stated that on 26.5.2025 the applicant threatened her. No allegations of rape was made. In the statement under Section 183 BNSS the victim stated that on 26.5.2025 wrong was committed on her and some video was also made and thereafter threats were also issued. The victim refused to undergo medical examination. There is no definite document with regard to exact age of the victim. 4. Learned AGA has opposed the bail application. 5. Considering the huge variance in two statement and refusal of the victim to undergo medial examination, however, without commenting Versus Counsel for Applicant(s) : Sushil Kumar Yadav Counsel for Opposite Party(s) : G.A. Rakesh Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) upon the merits of the case, the applicant who is in jail since 4.7.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Rakesh Gautam 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. December 3, 2025 J. K. Dinkar BAIL No. 11667 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench