HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10661 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.206 of 2025, under Sections 65(1), 115(2) of BNS and Section 3/4 (2) of POCSO Act, Police Station Murtiha, District Bahraich. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 18 years was was alone when the applicant came and misbehaved with her. No allegation of rape was levelled. The FIR was lodged after about 6 weeks of the alleged incident. In the statement under Section 180 of BNS also, the victim did not support the prosecution and stated that the offence had taken place at agricultural filed. In the statement under Section 183, for the first time, the victim alleged the commission of rape at agricultural field. The medical report naturally does not corroborate the allegation. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the variance of the place of incident in the FIR and in both the statements of the victim and variance in the statements; the FIR was lodged after six weeks of the incident without any plausible explanation and the fact that the applicant has no criminal antecedents and is Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Bhanu Rajbhar .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Civil Sectt. Lko. And 3 Others .....Opposite Party(s) languishing in jail since 13.09.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed . 6. Let the applicant Bhanu Rajbhar be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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 12, 2025 akverma BAIL No. 10661 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench