HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5425 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and Shri Ved Prakash Sharma, learned counsel for the complainant. 2. The applicant seeks enlargement on bail in Case Crime No. 192 of 2025, under Sections 70(2) of the Bharatiya Nyaya Sanhita & Sections 5G/6 of the Protection of Children from Sexual Offences Act, Police Station - Gosaiganj, District - Lucknow. 3. Learned counsel for the applicant submits that in terms of the FIR it was alleged that daughter of the informant aged about 12 twelve and half years had gone for marriage function at 02:30 at night when three accused took her in four wheeler and caused wrong on her. It was also stated that she raised her voice and the informant caught hold of the accused Mustak and other two accused ran away. 3A. My attention is drawn to the statement of the victim which is on record under Sections 180 and 183 BNSS as well as the medical report on record, which was done about after twenty-four hours. In terms of medical, no injury was found on the victim. Versus Counsel for Applicant(s) : Desh Deepak Singh, Sandeep Kumar Pal Counsel for Opposite Party(s) : G.A., Navneet Kumar Srivastava Sahil .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) The statement of the complainant is annexed as Annexure 7, wherein it was stated that when the informant heard the daughter, he went and caught the co-accused Mustak and two accused including the applicant ran away. He also stated that the applicant and the other co-accused were sitting in the front side of the van whereas co-accused Mustak and daughter were sitting on the rear side and both of them saw the informant, they came out in their cloth. 3B. It is stated that the co-accused Mustak stated that he was in love with the victim and both were sitting on the rear side and removed their cloth when the informant and brother of the victim saw them and the applicant and other co-accused ran away. The tentative age is around twelve years and half year. Although there is no definite document with regard to the age of the victim. The medical report on record indicates that start of menstrual period was two years ago which, prima facie, indicates that age of the victim recorded as 12 years does not appear to be correct. The issue of age shall be decided at the time of trial. 4. Learned AGA has opposed the bail application. 5. Considering the medical report on record not corroborating the allegation and the fact that the applicant and other co-accused were sitting in front seat of the vehicle as well as the statement of the main accused Mustak who has admitted that he is in love with the victim coupled with the fact that the applicant is in custody since 28.04.2025 and has no criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Sahil 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 with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; BAIL No. 5425 of 2025 2 (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 10, 2025 Mohit Singh/- BAIL No. 5425 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench