HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1464 of 2025 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.253 of 2024, under Section 65(2), 352 BNS, Section 5(m)/6 of POCSO Act and Section 3(2)(5) of SC/ST Act, P.S. F Chaurasi, District Unnao. 3. The FIR in question was lodged on 03.09.2024 on the basis of question and answer asked from the victim aged about 3 to 5 years wherein she stated that she was badly touched and a finger was inserted in her private part. 4. Learned counsel for the applicant argues that even as per the statement of the father of the victim namely Amit Kumar which is on record as Annexure - 3, his wife alongwith child had left home for which a missing report was lodged on 20.07.2024. It was also stated that his wife was having affair with the applicant. It was also stated that when the said person went to take her wife home, she refused to come back and the victim - the child - was brought home. Thereafter, the victim stated her father that her mother used to beat her. 5. In the statement of the victim recorded under Section 183 BNSS before the Judicial Magistrate at Tis Hazari Court, Delhi, she had stated that finger was inserted in her private part and threats were also issued for beating her. Versus Counsel for Applicant(s) : Smriti, Neeraj Singh Counsel for Opposite Party(s) : G.A. Shivam Maurya @ Shivam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) 6. Learned counsel for the applicant draws my attention to the medical report on record which records no injury and there is refusal to undergo medical examination. The applicant is in custody since 06.09.2024 and has no criminal antecedents. 7. Learned AGA has opposed the bail application. 8. A report was called from the trial Court in which it has been stated that a request has been made for sending the statement of the victim recorded under Section 183 BNSS from the Tis Hazari Court, Delhi, however, the same is not available till date, as such, the trial is not proceeding. 9. Considering the medical on record as well as the statement of the father of the victim herself, prima-facie, the allegations are not corroborated by substantial material. In any case, the trial is not proceeding on account of non-availability of the statement under Section 183 BNSS, thus, on overall consideration and reasoning recorded above, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 10. Let the applicant Shivam Maurya @ Shivam 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. October 7, 2025 nishant BAIL No. 1464 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench