HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9697 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 accused-applicant seeks bail in FIR/Case Crime No.257 of 2024 under section 65(2), 352 BNS and section 5m/6 POCSO Act and section 3(2)(v) SC/ST Act, P.S. Khandasa, District Ayodhya. 3. The FIR in question was lodged alleging that on 25.12.2024, the applicant took away the daughter of the informant aged about 11 years and, was committed rape on her. In the statement under section 180 BNSS, the victim supported the prosecution story. However, in the statement under section 183 BNSS, she stated that only a contact was made on the private part. In the medical examination on record, the hymen was found to be intact. 4. In the light of the said, the contention of the counsel for the applicant is that the applicant is aged about 62 years and, to pressurise for selling the property, the false FIR has been lodged. From the statement made under section 183 and the medical on record, which found the hymen to be intact. The assertions, even if true on the face value, would result in invocation of section 7 and section 8 of the POCSO Act and not under section 9 and 3/5 of the POCSO Act. The offences under section 8 are punishable up to five years. 5. Considering the said facts as recorded above, the applicant who is in Versus Counsel for Applicant(s) : Ajay Kumar Pandey Counsel for Opposite Party(s) : G.A. Raj Bahadur Yadav @ Girdawal Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. And 3 Others .....Opposite Party(s) custody since 26.12.2024 and has no criminal history is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Raj Bahadur Yadav @ Girdawal Yadav be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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. October 9, 2025 VNP/- BAIL No. 9697 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench