HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5867 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.333 of 2024 under sections 75(2), 65(1), 351(3) BNS and section 3/4 POCSO Act, P.S. Deeh, District Rae Bareli. 3. In terms of the FIR lodged on 02.11.2024, it was alleged that on 01.11.2024, the daughter of the informant had gone to throw the garbage when the applicant caught hold of her hand and misbehaved with her and when the neighbours came, he ran away, no allegation of rape were levelled. In the statements under section 180 and 183 BNSS, the victim stated that when she had gone out of home to throw the garbage, the victim was taken by the applicant in a jungle and wrong was committed. She also stated that no one was present when she was taken to the jungle. The medical on record did not corroborates the allegation. The tentative age of the victim is around 16 years. Even in terms of the statement of the aunt, it was stated that she had seen the applicant and the victim behind the bush. 4. Considering the huge inconsistencies in the FIR allegation and the statements, which are not corroborated by the medical, the applicant who is in custody since 13.11.2024 and has no criminal history is entitled to bail. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Deepansi Counsel for Opposite Party(s) : G.A. Rakesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) 5. Let the applicant Rakesh Kumar 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 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. December 4, 2025 VNP/- BAIL No. 5867 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench