HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10864 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. None appears for the opposite party no. 2 despite service of notice. 3. The applicant seeks enlargement on bail in FIR No. 0293 of 2025 under sections 70(2) BNS 2023 and 5(G)/6 POCSO Act, Police Station Khairabad, District Sitapur. 4. Learned counsel for the applicant argues that in terms of the FIR, it was alleged that the daughter of the informant aged about 14 years had gone out of her home when she fell down in mud and while she was cleaning her clothes, the applicant and co-accused caught hold of her and misbehaved with her. No allegation of rape was levelled. In the statement under Section 180 BNSS also, no allegation of rape is stated, however, in the statement under Section 183 BNSS, the victim alleged the commission of rape by both the co-accused(s). The medial on record does not corroborate the allegation of rape or use of force. 5. Learned AGA has opposed the bail application. 6. Considering the facts and circumstances including the medical on record, which does not corroborate with the allegation of use of force as well as the variation in two statements of the victim and without Versus Counsel for Applicant(s) : Pankaj Kumar Counsel for Opposite Party(s) : G.A. Karan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) commenting upon the merits of the case, the applicant, who is in jail since 21.08.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Karan 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 Raj BAIL No. 10864 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench