HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10258 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.212 of 2022, under Sections 363, 366, 376 IPC; Section 5/6 of POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station Asandra, District Barabanki. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 13 years was enticed by the applicant. Subsequently, in the statement under Section 161 of Cr.P.C., the victim stated that she was gone for seeing circus along with the applicant where she stayed for three days. No allegation of rape was levelled. However, in the statement under Section 164 of Cr.P.C., the allegation of rape was levelled against two persons and not against the applicant. No charge-sheet has been filed against the said two persons. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the two statements of the victim not implicating the applicant for the commission of the offence of rape and the fact that the applicant has no criminal antecedents and is languishing in jail since Versus Counsel for Applicant(s) : Neeraj Kumar Rawat, Aman Shankar, Apoorva Jyoti, Ashish Kumar Dubey, Shilpi Tiwari, Suresh Chandra Tiwari Counsel for Opposite Party(s) : G.A. Sarvendra Kumar @ Shiva .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) 08.06.2022, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Sarvendra Kumar @ Shiva 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. November 21, 2025 akverma BAIL No. 10258 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench