HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11959 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 accused-applicant seeks bail in FIR/Case Crime No.0176 of 2024 under section 376AB, 506 IPC and section 5m/6 POCSO Act, P.S. Kotwali Dehat, District Pratapgarh. 3. In terms of the FIR, it was stated that the applicant had misbehaved with the informant's daughter. No allegations of rape were lavelled. Subsequently, the victim also stated the allegation regarding misbehavior. Further in the statement under Section 164 Cr.P.C., the victim lavelled allegation of penetrative sexual assault. The medical report does not corroborate the allegations, as the same was denied by the informant. 4. Considering the fact that the victim refused to undergo the medical examination and there are huge variance in the allegations in the FIR and the two statements, a case for bail is made out more so when the applicant is in custody since 05.09.2024 and has no criminal history. Thus the bail application is allowed. 5. Let the applicant Mohd. Wakeel 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: Versus Counsel for Applicant(s) : Lalji Yadav Counsel for Opposite Party(s) : G.A. Mohd. Wakeel .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) (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 8, 2025 VNP/- BAIL No. 11959 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench