HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2155 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 respondent no.2 despite notice. 2. The applicant seeks enlargement on bail in FIR No.030 of 2025, under Section 65(1), 351(3) BNS & Section 3/4(2) of POCSO Act, P.S. Haidergarh, District Barabanki. 3. In terms of the FIR it was alleged that daughter of the informant aged about 13 years was coming home when the applicant caught hold of her and touched her inappropriately and misbehaved with her; no allegation of rape was levelled. In the statement under Section 180 BNSS also, the victim alleged inappropriate touching; no allegation of rape was levelled. However, in the statement under Section 183 BNSS recorded after five days, allegation of insertion of finger was levelled. Medical report on record does not corroborate the said allegation; even the hymen was found to be intact. 4. Learned AGA has opposed the bail application. 5. Considering the huge variance in the two statements and the medical on record, the applicant who is in custody since 30.01.2025 and has no criminal Versus Counsel for Applicant(s) : Farooq Ayoob, Azay Kumar Mishra, Harish Chandra Yadav, Km. Pooja Tiwari, Vinay Kumar Singh, Vivek Pathak Counsel for Opposite Party(s) : G.A. Shivpoojan @ Nandan .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Shivpoojan @ Nandan 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. November 19, 2025 nishant BAIL No. 2155 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench