HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10438 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.0126 of 2025 under sections 137(2), 87, 70(2) BNS and section 5/6 POCSO Act, P.S. Saderpur, District Sitapur. 3. The FIR in question was lodged alleging that the daughter of the informant aged about 15 years was enticed by the one of the co-accused Ganesh with the help of the applicant and the other co-accused. In the statement under section 180 BNSS, the victim stated that she had gone along with Ganesh to Mahmoodabad and when the co-accused came to know that her family members was searching her, she was dropped to a temple, however, no allegation of rape were levelled. In the statement under section 183 BNSS, the allegation of rape were also levelled against all the co- accused. The medical on record did not corroborate the allegations. 4. Considering the medical on record not corroborating the allegation and the huge variance in the two statements, coupled with the fact that the victim is aged about 18 years and the applicant has no criminal history, he is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Kapil be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Versus Counsel for Applicant(s) : Umesh Chandra Vishwakarma Counsel for Opposite Party(s) : G.A. Kapil .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) Rs.20,000/- (Twenty Thousand) each of the like amount 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 6, 2025 VNP/- BAIL No. 10438 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench