HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12843 of 2024 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.387 of 2023 under sections 376(3), 504, 506, 323, 34 IPC, Under sections 5(L)/6, 5(J)(ii)/6 POCSO Act and under sections 80/81 of Juvenile Justice (Care and Protection of Children) Act, 2015, P.S. Kotwali District Pratapgarh. 3. In terms of the FIR, it was alleged that the younger sister of the informant aged about 16 years was became a victim of rape in the year 2022 and delivered a child, which is alleged to have been of the applicant. Subsequently, it was alleged that the child in question was sold and again allegations were levelled that the applicant had once again committed wrong on her on 06.06.2023. 4. In the light of the said allegations, the counsel for the applicant argues that there is a substantial delay in lodging the FIR. It is further argued that the child in question is staying with the victim and the DNA with regard to paternity of the child has not yet come. The applicant is in custody since 07.07.2023 and has no criminal history. 5. The Counter Affidavit filed by the State, does not demonstrate that the paternity test report has come. Versus Counsel for Applicant(s) : R.B.S. Rathaur, Sachin Kumar Counsel for Opposite Party(s) : G.A. Mohd. Raees @ Achche Babu .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko And 4 Others .....Opposite Party(s) 6. Considering the fact that the applicant has suffered pretrial detention of more than two years and four months and has no criminal history and there is nothing on record to demonstrate that the applicant if enlarged on bail can have any adverse affect on the trial, he is entitled for the bail. Thus the bail application is allowed. 7. Let the applicant Mohd. Raees @ Achche Babu 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. October 30, 2025 VNP/- BAIL No. 12843 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench