HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7522 of 2025 alongwith CRIMINAL MISC. BAIL APPLICATION No. - 10835 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants, learned AGA for the State, Shri Sandeep Kumar Ojha, learned counsel for the informant and perused the record. 2. Learned counsel for the parties contend that the issue involved in Criminal Misc Bail Application No. 7522 of 2025 and Criminal Misc Bail Application No. 10835 of 2025 are the same. As such, the Court proceeds to hear both the bail applications together. For convenience, facts of Criminal Misc Bail Application No.7522 of 2025 are being taken. 3. The applicants seek enlargement on bail in FIR No. 142 of 2025, under sections 70(2), 351(2), 115(2) BNS, Sections 3/4, 5G/6 POCSO Act, P.S. Ram Kot, District Sitapur. Versus Counsel for Applicant(s) : Ram Prakash Shukla, Mohd Javed, Rizwanul Haque Ansari Counsel for Opposite Party(s) : G.A., Amarjeet Singh, Krishna Gopal, Sandeep Kumar Ojha Versus Counsel for Applicant(s) : Ram Prakash Shukla Counsel for Opposite Party(s) : G.A., Amarjeet Singh, Krishna Gopal, Mohd. Kashif Rafi, Sandeep Kumar Ojha Arpit .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) Awadhesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others .....Opposite Party(s) 4. Learned counsel for the applicants argues that in terms of FIR it was alleged that daughter of informant aged about 17 years had gone to agricultural fields when co accused Awadhesh caught hold of her. In her statement under Section 180 BNSS no allegations of rape was levelled against applicant Arpit. However in the statement under Section 183 BNSS allegations of rape was levelled against the Arpit also. Medical on record does not corroborate the allegations. As regards Awadhesh although his name was mentioned in the FIR as well as in her statement however medical on record does not corroborate the incident. 5. Learned AGA and learned counsel for the informant have opposed the bail application. 6. Considering the huge variance in two statements and tentative age of victim and medical on record does not corroborate the allegations, however, without commenting upon the merits of the case, the applicants who are in jail since 31.5.2025 and have no criminal history are entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicants Arpit and Awadhesh be released on bail in aforesaid FIR number on their furnishing personal bonds with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are 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 27, 2025 J. K. Dinkar BAIL No. 7522 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench