HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4479 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.13 of 2024, under Section 376, 323, 452, 506 IPC & Section 3/4 of POCSO Act, P.S. Bewana, District Ambedkar Nagar. 3. In terms of the FIR it was alleged that the daughter of the informant aged about 15 years had gone out of home on 30.01.2024 when the accused who are three in number came and took her inside a sugarcane field and was beaten up. Subsequently, on 31.01.2024 an application was given that she was beaten up and was released on 01.02.2024 and on the same date, the accused once again came inside the home and started beating her. 4. In the light of the said allegation, learned counsel for the applicant argues that no allegation of rape was levelled in the FIR lodged on 01.02.2024. He further draws my attention to the statement of the informant which is on record as Annexure - 2 wherein she reiterated the said version and even stated that on the next date i.e. 01.02.2024 the applicant came and beat her up again; no allegation of rape was levelled. However, in the statement under Section 161 Cr.P.C., the victim alleged that wrong was also committed and allegations were levelled specifically against the applicant of having formed physical relations. Statement under Versus Counsel for Applicant(s) : Rajesh Kumar Awasthi, Santosh Kumar Srivastava, Vaibhav Srivastava Counsel for Opposite Party(s) : G.A., Rohit Upadhyay, Sanjay Kumar Pandey Akhtar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Opposite Party(s) Section 164 Cr.P.C., reiterated the said version. Medical of the victim was done on 02.02.2024 which did not indicate presence of any internal injury. Tentative age of the victim is around 16 to 17 years. 5. Learned AGA has opposed the bail application. 6. Considering the huge variance in the statements and there being no allegation of rape in the FIR or the subsequent statement of the informant and the medical not corroborating the allegation, the applicant who is in custody since 08.02.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Akhtar 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 24, 2025 nishant BAIL No. 4479 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench