HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10950 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Vyas Narayan Shukla, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 339 of 2025, under sections 70(2), 74, 351(3), 351(4) BNS and Section 5/6 POCSO Act, P.S. Kotwali Dehat, District Sultanpur. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of informant aged about 16 years was staying in school and since few days the applicant used to misbehave with her and threatened her. No allegation of rape was levelled. In the statement under Section 180 BNSS the victim stated that few days ago the co accused and one other person had misbehaved with her and had also formed physical relation and video was also made and threats were also issued. In her statement under Section 183 BNSS also the victim stated that she was called by co accused Altaf and alongwith her she gone on a bike to a hotel where both the accused formed physical relation with her and video was also made. Learned counsel for the applicant draws my attention to statement of victim made before medical authorities wherein she admitted that she had marked her attendance at the school and came out of school and had went in the motorcycle of the accused to Sultanpur where physical relation were formed in between victim and co accused and thereafter she was left back to the school. It was also a stated that both of Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Mohd. Ismail @ Madeen .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) them used to talk on telephone and when she informed this fact to her parents they came for lodging of the FIR. The tentative age of the victim is around 16 years. Medical on record also does not corroborate the allegations of use of force. 4. Learned AGA and learned counsel for the informant have strongly opposed the bail application. 5. Considering the statement made before medical authorities and the fact that the victim had marked her attendance and thereafter came out of school prima facie the allegations of use of force are not made out, however, without commenting upon the merits of the case, the applicant who is in jail since 19.8.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mohd. Ismail @ Madeen 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 15, 2025 J. K. Dinkar BAIL No. 10950 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench