HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12361 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the informant despite notice. 2. The applicant seeks enlargement on bail in FIR No. 250 of 2025, under sections 65(1) BNS, Sections 5(n)/6 POCSO Act, P.S. Matera, District Bahraich. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of informant aged about 12 years went with the applicant when he came home on certain pretext and when the girl went to sleep he committed wrong on her. The said incident is alleged to have been taken place on 18.9.2025 wherein FIR was lodged on 26.9.2025. In the statement under Section 183 BNSS the victim stated that she was taken home and when she slept her clothes were removed and wrong was committed on her and when her daughter caught her the applicant continued to commit the offence. It was also stated that the applicant used to commit rape of his own daughter. It was also stated that wife of applicant had seen the incident from the window. She also stated that she stayed at the place of the applicant for the entire night and came back on the next date. The tentative age of the victim is around 15 years. 4. Learned AGA has opposed the bail application. 5. Considering that there is delay in lodging the FIR and the medical on Versus Counsel for Applicant(s) : Bhanu Pratap Singh, Naved Alam, Prateek Mishra Counsel for Opposite Party(s) : G.A. Gulab Babu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Lko. And 3 Others .....Opposite Party(s) record does not corroborate the allegations as well as considering the improbability of allegations made in the statement under Section 183 BNSS which are highly improbable, however, without commenting upon the merits of the case, the applicant who is in jail since 28.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Gulab Babu 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. December 11, 2025 J. K. Dinkar BAIL No. 12361 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench