HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12095 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Anurag Singh, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 323 of 2024, under sections 64 BNS, Sections 3/4 POCSO Act, Sections 3(2) SC/ST Act, P.S. Kotwali Dehat, District Sitapur. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that sister of informant aged about 16 years was missing and was enticed by the applicant. Subsequently in her statement under Section 180 BNSS the victim stated that she had gone out of her home to a pond when the applicant came and caught hold of her and thereafter she went away. No allegations of rape was made. In the statement under Section 183 BNSS the victim stated that the applicant had promised to marry her and thereafter wrong was committed on her. Medical on record does not indicate presence of any injury. The tentative age of the victim is around 16 years. There is no definite document with regard to exact age of the victim. 4. Learned AGA has opposed the bail application. 5. Considering the huge difference in the two statements, however, without commenting upon the merits of the case, the applicant who is in Versus Counsel for Applicant(s) : Iqbal Ali Counsel for Opposite Party(s) : G.A. Iliyas Gaddi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) jail since 29.10.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Iliyas Gaddi be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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. December 8, 2025 J. K. Dinkar BAIL No. 12095 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench