HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11174 of 2024 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.307 of 2024, under Sections 376(2)(n), 315, 506 IPC and Section 5(tha)/ 6 of POCSO Act, Police Station Kaiserganj, District Bahraich. 3. The FIR in question was lodged on 27.08.2024 alleging that the daughter of the informant aged about 15 years was enticed by the applicant and physical relation was forming for the last two and a half months ago and because of which she sustained pregnancy and some medicine was given which resulted into abortion. 4. In the light of the aforesaid, the Counsel for the applicant argues that in the statement under Section 180 of BNSS, it was admitted by the victim that for the last two and a half months, physical relations were formed. The medical on record indicates that physical relation was formed for the last two and a half months. The medical report is silent insofar as the hymen is concerned due to heavy bleeding at the time of examination. The same could not be ascertained. The tentative age of the victim is 16 years, although there is no definite document with regard to the age of the victim. Versus Counsel for Applicant(s) : Dhananjai Kumar Tripathi, Amit Kumar Verma, Jitendra Singh, Kajol, Nitin Verma, Tanupriya Counsel for Opposite Party(s) : G.A. Ramnivas @ Naivas .....Applicant(s) State Of U.P. Thru. Secy. Home Lko And 3 Others .....Opposite Party(s) 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the fact that the relationship started around two and a half months ago; there is no material to sustain the allegation of threat allegedly issued coupled with the fact that a report has been received from the trial court wherein it is stated that the statement of PW-1 and PW-2 have already been recorded; the applicant has no criminal antecedents; the applicant is in custody since 28.08.2024 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Ramnivas @ Naivas 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 19, 2025 akverma BAIL No. 11174 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench