HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12585 of 2024 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. 306 of 2024, under Sections 137(2), 87, 65(2) BNS, Sections 5(m)/6 POCSO and Sections 3(2)(v) SC/ST Act, P.S. Asandra, District Barabanki. 3. Learned counsel for the applicant argues that the FIR in question was lodged alleging that the daughter of the informant aged about 16 years was enticed by the applicant. Subsequently in her statements under sections 180 and 183 BNSS the victim did not support the prosecution story and stated that she wanted to go with him. The medical age as per the medical report is 14 years thus no definite opinion can be formed with regard to exact age of the victim. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and the two statements which do not support the prosecution story, however, without commenting upon the merits of the case, the applicant who is in custody since 7.8.2024 and having no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Shiv Poojan @ Poojan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties Versus Counsel for Applicant(s) : Alok Kumar, Virendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Shiv Poojan @ Poojan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) 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 9, 2025 J. K. Dinkar BAIL No. 12585 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench