HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10718 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as well as learned AGA for the State. None appears on behalf of the complainant, although, as per the instructions of learned AGA, notice to the complainant is served. In the prosecution case, it is alleged that on 09.12.2024 at about 8:00 a.m., while the minor daughter of the informant, aged about 15 years, had gone towards the southern side of the village to ease herself in the fields, the applicant, who was already present there, outraged her modesty. Learned counsel for the applicant submits that the statements of the victim recorded under Sections 180 and 183 of the BNSS are at variance and contain material improvements. It is further submitted that the victim refused to undergo medical examination and the applicant has been falsely implicated in the case. The applicant is in judicial custody since 20.09.2025 and has no previous criminal antecedents. The offences alleged in the FIR are punishable with imprisonment for a term extending up to seven years. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Upon due consideration of the statements of the victim recorded under Sections 180 and 183 of the BNSS, the improvements made in the prosecution case, the victim’s refusal to undergo medical examination, and the fact that the offences alleged are punishable with imprisonment up to Versus Counsel for Applicant(s) : Deo Raj Singh Counsel for Opposite Party(s) : G.A. Chunni Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) seven years, coupled with the applicant’s continued incarceration since 20.09.2025 without any criminal history, I am of the opinion that it is a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Chunni Lal involved in Case crime No. 345/2024, U/s: 74, 115(2), 352, 351(3) B.N.S. and 7/8 POCSO Act at Police Station Khamaria, District - Lakhimpur Kheri, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). BAIL No. 10718 of 2025 2 It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 7, 2025 R.C. BAIL No. 10718 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench