HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9552 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and Sri Shashank Shukla, learned Counsel appearing on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.163 of 2025, under Sections 65(1), 92, 352, 351(3) of BNS and Section 5/6 of POCSO Act, Police Station Khodare, District Gonda. 3. In terms of the FIR, allegations were levelled that the cousin sister of the informant aged about 15 years used to say along with the informant when the applicant formed physical relation with her for the last four months after enticing her. It is also alleged that the wife of the applicant had administered certain pills, which resulted in abortion on 25.06.2025. The tentative age of the victim is around 16 and a half years. The medical on record suggest that the victim was positive for pregnancy. The said report is dated 01.07.2025. 4. The submission of the Counsel for the applicant is that in terms of the statement, the wife of the applicant used to come and took her to home where the applicant formed physical relation and the wife of the applicant used to see the scene. It was also alleged that this incident was happened four occasions. 5. Learned A.G.A. vehemently opposed the bail prayer. Versus Counsel for Applicant(s) : Deo Prakash Srivastava Counsel for Opposite Party(s) : G.A., Shashank Shukla Shyam Sunder @ Ram Sunder .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. 3others .....Opposite Party(s) 6. Considering the fact that no sample was collected for DNA; the medical on record suggests that the victim was pregnant on 01.07.2025 whereas it is stated that the child was aborted on 25.06.2025; there are huge inconsistencies in the said statements and the fact that the applicant has no criminal antecedents and is languishing in jail since 26.06.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Shyam Sunder @ Ram Sunder be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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. 6. According to the Counsel for the informant, the statement of the victim is not recorded under Section 35 of the POCSO Act. 7. Accepting the said request, it is directed that the statement of the victim shall be recorded within four weeks from the date of receipt of a copy of this order. The trial court shall also ensure that the trial be concluded expeditiously. December 11, 2025 akverma BAIL No. 9552 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench