HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5386 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. No one appears for the opp. party Nos. 2 to 4, despite notice having been served on them nor any request for adjournment has been made on behalf of either of them. 2. The applicant seeks enlargement on bail in FIR No. 346 of 2024, under Sections 65(1), 87, 137(2), B.N.S. and Section 3/4, POCSO Act, P.S. Dalmau, District Raebareli. 3. Learned counsel for the applicant argues that in terms of the FIR it was alleged that a missing person report was filed, alleging that the applicant had enticed away the informant's daughter and left her at a particular place. It is further argued that in the statement recorded under Section 180 BNSS, the victim did not support the prosecution's story, rather, she stated that she had gone on a bike after being enticed by the applicant. No allegation of rape was leveled. However, in the statement under Section 183 BNSS, a totally different story was narrated. In light of the aforesaid, learned counsel for the applicant argues that the medical report of the victim does not corroborate the allegations leveled in the statement under Section 183. Tentative age of the victim is about 16 years. 4. Learned AGA has opposed the bail application. 5. Considering the medical report, which does not corroborate the Versus Counsel for Applicant(s) : Anand Tripathi Counsel for Opposite Party(s) : G.A. Mukesh Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko And 3 Others .....Opposite Party(s) statement under Section 183 BNSS, and there being variations in the two statements recorded under Sections 180, BNSS and 183, BNSS, the tentative age of the victim being around 16 years, the applicant, who has been in custody since 24/12/2024 and has no criminal antecedents, without commenting upon the merits of the case, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mukesh Kumar 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. October 30, 2025 A.Nigam BAIL No. 5386 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench