HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12273 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. None appeared for opposite party No. 2, however, as per written report received by the learned AGA, service of notice upon opposite party No.2 is sufficient. Accused-applicant seeks bail in Case Crime No. 218 of 2025 under Sections 140(4), 351(3) BNS & 5m/6 POCSO Act, P.S.-Khamariya, District- Lakhimpur Kheri. In the prosecution case, it is alleged that on 18.05.2025 at about 07:00 PM, son of the informant, aged about 10 years, has been subjected to unnatural intercourse in the room situated in the field of one Brajiendra Mishra by the accused applicant. Submission of the learned counsel for the applicant is that applicant is innocent and has no criminal history. It is a case of false implication. PW-1- informant, PW-2, mother of the victim and PW-3-victim have been examined before the trial Court and all have been declared hostile from the stage of examination-in-chief. It is further submitted that 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. Learned A.G.A. opposed the prayer for bail. He submits that it is a heinous Versus Counsel for Applicant(s) : Ram Asarey Verma Counsel for Opposite Party(s) : G.A. Satyam Awasthi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) offence. The victim was examined before the Doctor concerned and a perusal of Medico Legal Examination report shows that he has sustained injuries in his anal canal. Considered the aforesaid and perused the record. On due consideration of the facts aforesaid, PW-1-informant, PW-2, mother of the victim and PW-3-victim, all have been declared hostile before the trial Court, applicant having no criminal antecedents is languishing in jail since 21.05.2025, there are no chances of tampering the prosecution witnesses after examination of complainant and the observations made in the judgment passed by the Hon'ble Apex Court in the case of Javed Gulam Nabi Shaikh v. State of Maharashtra, 2024 SCC OnLine SC 1693, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant-Satyam Awasthi involved in aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (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. 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. 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. December 8, 2025 Vinay/- BAIL No. 12273 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench