HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10575 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and Sri Ankit Kumar Trivedi, who has filed Vakalatnama on behalf of informant. The Vakalatnama is taken on record. 2. The applicant seeks enlargement on bail in FIR No.186 of 2025, under Sections 64(1), 351(2) of BNS and Section 3/4 (2) of POCSO Act, Police Station Sandi, District Hardoi. 3. This is the second bail application. The first bail application was dismissed vide orders on record as Annexure-9 to the bail application. 4. While arguing the second bail application, the Counsel for the applicant states that in terms of the FIR, it was alleged that on the date of the incident, the daughter of the informant aged about 16 years had gone out of the home when the applicant misbehaved with her and touched her inappropriately. In the statement under Section 180 of BNSS also similar allegations were levelled and no allegation of rape was levelled, however, in the statement under Section 183 of BNSS, the victim for the first time levelled the allegation of sexual assault. The medical on record does not indicate any presence of injury. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the huge variance in the statement, which prima facie appears to be after thought the fact that the applicant has no criminal Versus Counsel for Applicant(s) : Anil Kumar Singh Counsel for Opposite Party(s) : G.A. Subhash Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Opposite Party(s) antecedents and is languishing in jail since 04.05.2025, 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 Subhash Kumar 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. October 31, 2025 akverma BAIL No. 10575 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench