HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12974 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Shashi Lata Pandey, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.184 of 2024, under Section 65(2), 115(2), 333, 352, 351(3) BNS & Section 5/6 of POCSO Act, P.S. Ibrahimpur, District Ambedkar Nagar. 3. In terms of the FIR lodged on 01.08.2024 it was alleged that on 01.07.2024 at about 5 PM daughter of the informant aged about 12 years was alone at home when the applicant came and misbehaved with her and also allegation of insertion of finger in the private part was levelled. Subsequently, a similar statement was made under Section 180 & 183 BNSS. 4. Learned counsel for the applicant draws my attention to the statement of the victim recorded during trial wherein she disclosed her age as 17 years, she supported her statement under Section 183 BNSS and thereafter, in the cross-examination she levelled the allegation of being beaten up by the applicant. 5. Learned AGA has opposed the bail application. 6. Considering the huge variance in the age of the victim as disclosed in Versus Counsel for Applicant(s) : Balak Ram Counsel for Opposite Party(s) : G.A., Nijam Ahamad Vivek .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. And 3 Others .....Opposite Party(s) the FIR and as disclosed by the victim in her statement coupled with the fact that the applicant is in custody since 10.08.2024 having no criminal antecedents and statement of the victim has been recorded, as such, there is no material to suggest that the applicant, if enlarged on bail, can adversely affect the trial, as such, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Vivek 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 14, 2025 nishant BAIL No. 12974 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench