HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5462 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as well as learned AGA for the State. None appears on behalf of the complainant, although, as per the instructions of learned AGA, notice to the complainant is served. According to the prosecution case, it is alleged that on 07.05.2025, while the informant was returning from Barabanki, at around 3:00 p.m., the accused attempted to hand over a mobile phone to the informant’s minor daughter, aged about 14 years. When he was stopped, the accused allegedly caught hold of the girl’s hand and dragged her. Upon objection being raised, he abused the informant and left the spot. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that material improvements have been made in the prosecution version, and in the victim’s statement recorded under Section 180 of the BNS, the narrative differs from that of the FIR. There is no corroborative evidence against the applicant. The charge sheet has already been filed. The applicant has been in custody since 08.05.2025, and the alleged offences are punishable with a maximum sentence of seven years. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Anand Kumar Srivastava Counsel for Opposite Party(s) : G.A. Rahul @ Rahul Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others .....Opposite Party(s) Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering that the charge sheet has been filed, the gravity of the offence, the absence of any criminal history of the applicant, the statement of the victim, and the improvements made in the prosecution case, this Court finds it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Rahul @ Rahul Singh involved in Case Crime No. 0121/2025, Under Sections- 74. 352 BNS and 7/8 POCSO Act, Police Station- Sakaran, District- Sitapur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section BAIL No. 5462 of 2025 2 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 27, 2025 R.C. BAIL No. 5462 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench