HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5427 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 Prabhu Sharan, learned Counsel appearing the complainant. 2. The applicant seeks enlargement on bail in S.S.T. No.578 of 2025 arising out of Case Crime No.15 of 2025, under Sections 64, 333, 351(3), 352 of BNS; Section 3/4 of POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station Achalganj, District Unnao. 3. In terms of the FIR, it was alleged that the daughter of the informant used to talk to the applicant and on 14.01.2025. the applicant misbehaved with her. In the statement under Section 180 of BNSS, the allegation of misbehavour was levelled and no allegation of rape was levelled. Subsequently, on 07.02.2025 i.e. after about 25 days, the allegation of rape was levelled for the first time. The medical report does not corroborate the allegations. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the huge variance in the statement and the medical report does not corroborate the allegations and the fact that the applicant has no criminal antecedents and is languishing in jail since 05.03.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Gulam Mustafa Counsel for Opposite Party(s) : G.A., Prabhu Sharan, Rajesh Kumar Sharma Shivam Yadav .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home At Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Shivam Yadav 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 3, 2025 akverma BAIL No. 5427 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench