HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9767 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. Whereas, no one is present on behalf of the informant despite notice. 2. The applicant seeks enlargement on bail in FIR No.225 of 2024, under Sections 363, 366, 376D IPC and Section 5G/6 of POCSO Act, P.S. Tambaur, District- Sitapur. 3. The FIR in question has been lodged on account of an application filed under Section 156 (3) Cr.P.C. In terms of the FIR, it has been alleged that the applicant/co-brother of the informant used to visit the house of informant and on 14.05.2024 when the daughter of informant was alone at home, applicant along with the other co-accused persons committed wrong on her. The application under Section 156(3) Cr.P.C. was filed on 28.05.2024 alleging that the incident had taken place on 14.05.2024. In the statement recorded under Section 161 Cr.P.C., the victim did not name the applicant. However, in the statement recorded under Section 164 Cr.P.C., the victim named the applicant. It is further argued that the two co-accused persons having similar role have already been granted bail one on the ground of juvenility and other on merit. 4. Learned AGA has opposed the bail application. 5. Considering the huge variance in the statements of victim, subsequent delay in lodging of the FIR and the fact that two co-accused have already Versus Counsel for Applicant(s) : Vinod Kumar Counsel for Opposite Party(s) : G.A., Lalji Prasad Shukla Atiq .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Secy. U.P. Lko. And 3 Others .....Opposite Party(s) been granted bail coupled with the fact that the applicant is in jail since 02.08.2024 having no criminal history, he is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Atiq 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 she 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 4, 2025 V. Sinha BAIL No. 9767 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench