HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11529 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as well as learned AGA for the State. None appears on behalf of the complainant, although, as per the instructions of learned AGA, notice to the complainant is served. In the prosecution case, it is alleged that when the informant’s daughter visited home on the occasion of Raksha Bandhan on 06.08.2025, the applicant along with the co-accused allegedly enticed her away. The complainant fainted upon learning of the incident. It is alleged that after she was recovered on 07.08.2025, she submitted a complaint to the police, but no action was taken. Further, on 13.08.2025, she was allegedly assaulted by co-accused Laxmi and Anupam and was pressurized to compromise. It is also alleged that on 20.08.2025, in her statement before the police, the victim stated that she was forcibly taken on a motorcycle by the applicant and co- accused Ashok, kept confined for 12 days, and subjected to sexual assault. Submission of learned counsel for the applicant is that the victim is a major as per her own statements recorded under Sections 180 and 183 BNSS, where she has disclosed her age to be 18 years. It is argued that she was a consenting party, as it has been stated that Laxmi sent her along with Ankit and the applicant on a motorcycle. Her statement under Section 183 BNSS is largely consistent, and the allegation of sexual assault has been levelled against Ankit. Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : G.A. Ashok Kumar @ Ashok .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) It is further submitted that the victim voluntarily remained in the company of the co-accused for several days without raising any alarm. Even as per the school records, she falls short of attaining majority by only three days, being 17 years, 11 months, and 27 days old. Thus, no offence under the POCSO Act is attracted. The victim has not undergone any radiological examination. The applicant has no criminal history and is in custody since 12.09.2025. The charge sheet has already been filed. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the victim’s statements under Sections 180 and 183 BNSS, the fact that she travelled with the applicant and co-accused to Lakhimpur Kheri and Maigalganj and remained with them for about 13 days without raising any alarm, the absence of injuries in her medical examination, coupled with the fact that the applicant is in custody since 12.09.2025 without any criminal antecedents, this Court finds it a fit case to grant bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Ashok Kumar @ Ashok, involved in Crime no. 182/2025, U/s87, 137(2) BNS and 16/17 Pocso Act, Police Station - Imliya Sultanpur, District - Sitapur, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit BAIL No. 11529 of 2025 2 and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 5, 2025 R.C. BAIL No. 11529 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench