HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9996 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the informant despite notice. 2. The applicant seeks enlargement on bail in FIR No.209 of 2025, under Section 64, 115(2), 351(3) BNS, Section 3/4 of POCSO Act & Section 3(2)V, 3(2)va of SC/ST Act, P.S. Kotwali Dehat, District Hardoi. 3. In terms of the FIR it was alleged that the applicant had misbehaved with the daughter of the informant aged about 16 years; no allegation of rape was levelled. In the statement under Section 180 BNSS also, no allegation of rape was made. However, in the statement under Section 183 BNSS, allegation of rape was made. FIR has been filed after about substantial delay of more than two months. Medical on record does not corroborate the allegation. 4. Learned AGA has opposed the bail application. 5. Considering the huge variance in the two statements, the applicant, who is in custody since 12.06.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Deepak Kushwaha be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Raghunath Prasad Counsel for Opposite Party(s) : G.A. Deepak Kushwaha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) 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. October 17, 2025 nishant BAIL No. 9996 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench