HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12473 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter Affidavit filed in court is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. Sri Ravindra Kumar Mishra appears for the informant. 3. This is second application for bail of the accused-applicant seeking bail in FIR/Case Crime No.03 of 2025 under sections 65(1), 351(2) BNS and section 3/4(2) POCSO Act, P.S. Wazirganj, District Gonda. The first bail application of the applicant was dismissed as not pressed. 4. In terms of the FIR, allegations were levelled that the daughter of the informant aged about 16 years had gone to the jungle to fetch woods when the applicant caught hold of her and torn her cloths and inappropriately touched her. In terms of the statement under section 180 BNSS, the victim reiterated the said version and specifically stated that nothing wrong was done to her except cloths were torn and she was inappropriately touched. However, in the statement under section 183 BNSS, the victim stated that the statement given by her mother was incorrect and she should be also prosecuted. She stated that the wrong was committed and penetrative sexual assault was also done. The medical on record shows the hymen to be ruptured and torn. However, the statement of the doctor is on record wherein it was stated that no definite opinion can be given with regard to the sexual assault as per the Versus Counsel for Applicant(s) : Naveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Arjun Chauhan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) supplementary medical report. 5. Considering the huge variance in the FIR version and the statement under section 180 and 183 BNSS and the statement of the doctor based upon the supplementary medical report, prima-facie, a case for bail is made out more so when the applicant who is in custody since 07.01.2025 and the two witnesses have already been examined and there is no material to suggest after the examination of two fact witnesses that the applicant can adversely affect, the trial. The bail application is allowed. 6. The bail application is allowed. 6. Let the applicant Arjun Chauhan be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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. 7. The trial shall however, be concluded expeditiously. December 11, 2025 VNP/- BAIL No. 12473 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PANKAJ BHATIA High Court of Judicature at Allahabad, Lucknow Bench