HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12456 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.234 of 2025, under Sections 64(2)(K) of BNS and Section 5(K)/ 6 of POCSO Act, Police Station Khodare, District Gonda. 3. In terms of the FIR, allegations were levelled that on02.09.2025, the applicant took the daughter of the informant aged about 14 years, who was mentally challenged and deaf and dumb, and committed wrong on her. Subsequently, in the statement under Section 180 of BNSS, the victim, who is mentally challenged, informed her mother that wrong was committed by the applicant. The statement under Section 183 of BNSS could not be recorded even in the presence of special interpreter. The medical on record did not corroborate the allegation. As per the radiological report, the age of the victim is around 17 years. The medico- legal examination report on record suggests that no evidence of sexual assault is present. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the medical report not corroborating the allegation and the fact that the applicant has no criminal antecedents and is languishing in Versus Counsel for Applicant(s) : Vipin Kumar Mishra Counsel for Opposite Party(s) : G.A. Girdhari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 3 Others .....Opposite Party(s) jail since 03.09.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Girdhari be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each 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 11, 2025 akverma BAIL No. 12456 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench