HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4099 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.80 of 2025 under section 64(1), 115(2), 351(3) BNS & section 3/4 POCSO Act, PS Mailani, District Kheri. 3. In terms of the FIR, allegations were levelled that on 28.02.2025, when the daughter of the informant had gone out of home, the applicant took her in sugarcane field and committed wrong on her. The FIR was lodged on 06.03.2025. It was also alleged that the subsequently, the video was made viral and when resisted, they were beaten up. 4. In the statement under section 183 BNSS, the victim stated that on the date of incident, the applicant had committed wrong on her and from one hand, he was making the video while making physical relations. The tentative age of the victim is around 17 years. She herself stated that she was also laughing when the physical relations were being made. She also stated that video was made viral on 01.03.2025. 5. Considering the fact that the FIR was lodged after about five days of the video being made viral and after about substantial delay of lodging the Versus Counsel for Applicant(s) : Iqbal Ali, Arun Singh Somvanshi, Basant Lal Yadav, Dileep Kumar Yadav Counsel for Opposite Party(s) : G.A. Kapil Dev .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) offence being committed and the age of the victim and the improbability of the statement under section 183 BNSS, the applicant who is in custody since 08.03.2025 and has no criminal history is entitled for the bail. Thus the bail application is allowed. 6. Let the applicant Kapil Dev 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. December 8, 2025 VNP/- BAIL No. 4099 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench