HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11258 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Arjun Singh Somwanshi, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 663 of 2025, under sections 137(2), 70(2), 351(3) BNS, Sections 5G/6 POCSO Act, P.S. Kotwali Sahar, District Hardoi. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that allegations were levelled that daughter of informant aged about 12 was studying in class 8 and two boys used to stay in nearby area and when she used to go to school they used to entice her and on 30.8.2025 they had taken her to a place at Subhashnagar and also forced her to commit wrong and subsequently both the accused have committed wrong on her. It was also alleged that threats were issued. The said FIR was lodged on 12.9.2025. In the statement under Section 180 BNSS the victim stated that under the threats issued the victim had gone alongwith applicant and both of them had committed wrong on her. However in the statement under Section 183 BNSS the victim stated that wrong was committed by co accused Priyanshu. It was specifically stated that the applicant was standing there. No allegations of wrong being committed were leveled against the applicant. It was stated that victim had gone with the friend on the calling of the two accused persons. In the light of the said allegations the statement of the friend of the victim is also on record Versus Counsel for Applicant(s) : Ajeet Kumar Singh Counsel for Opposite Party(s) : G.A. Rustam Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) as annexure 5 wherein it was stated on 30.8.2025 there was a half day in school and as such they left school the 11 and on the way both the accused met them and offered them to take to a restaurant then both the persons went alongwith two accused persons and were taken to her home. It was stated that thereafter co accused and other three persons were in the room. He specifically stated that she could not see as to what victim and the co accused were doing. Medical on record prima facie does not corroborate use of force etc. The tentative age of victim is around 12 years. 4. Learned AGA and learned counsel for the informant have opposed the bail application. Learned counsel for the informant states that the victim is aged about 12 years and considering the age of the victim no good ground for bail is made out. 5. Considering the statement of the victim under Section 183 BNSS making no allegations against the applicant of having committed the offence of rape coupled with the statement of the friend of victim, however, without commenting upon the merits of the case, the applicant who is in jail since 13.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Rustam Yadav 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. November 19, 2025 J. K. Dinkar BAIL No. 11258 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench