HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10825 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. As per the instructions of the learned A.G.A, notice has been served upon the complainant, but none appears on behalf of the complainant. 2. In the prosecution case, it is alleged that the minor daughter of the informant aged about 10 years, while she was playing near her house, was molested by the applicant. 3. Learned counsel for the applicant submits that except for the statement of the victim recorded under Section 180 B.N.S.S and Section 183 B.N.S.S, there is no other corroborative material against the applicant. The victim, in her statement under Section 183 B.N.S.S has narrated two incidents, which are different from what she has stated in her statement under Section 180 B.N.S.S. The father of the victim has refused medical examination of the victim. The applicant has no criminal antecedents and is languishing in jail since 17.07.2025. 4. It is further submitted that chargesheet has been filed. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the Versus Counsel for Applicant(s) : Shailendra Pratap Singh Counsel for Opposite Party(s) : G.A. Shabban Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others .....Opposite Party(s) parties, the period for which the applicant is in jail i.e. since 17.07.2025; as also the fact that the applicant has no previous criminal history; the fact that chargesheet has been filed; considering the improvement made in the statement of the victim recorded under Section 183 B.N.S.S; there is refusal of medico-legal examination of the victim and also there is lack of corroborative evidence; coupled with the fact that the said offence is punishable upto a maximum period of 7 years and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Shabban Khan, involved in Case Crime/FIR No. 373 of 2025, Under Sections- 74, 351 (2) B.N.S and Section 9m/10 The Protection of Children from Sexual Offences Act, 2012, Police Station- Kheri, District- Kheri, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. 9. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 19, 2025 DiVYa BAIL No. 10825 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench