HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7428 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The applicant seeks enlargement on bail in FIR No.264 of 2025, under Sections 64(1) of B.N.S. and Section 3/4 of POCSO Act, P.S. Mohammadi, District- Lakhimpur Kheri. 3. It has been alleged that the FIR was lodged on 23.04.2025 at about 05:19 PM, alleging therein on the night of 21.04.2025, the minor daughter of the informant aged about 16 years, was at home but the applicant enticed her away and committed wrong with her. In the light of the aforesaid FIR, the statement of victim was recorded wherein, she reiterated the same version. In the statement of victim recorded under Section 180 BNSS also, the same facts were reiterated and the date of incident was shown as 21.04.2025 at about 10:00 PM. The medico-legal examination of the victim was conducted on 23.04.2025 at about 07:30 PM, in which, the abrasion and bleeding were seen on the private parts and hymen was found to be freshly torn. In light of the same, the submission of learned counsel for the applicant is that in terms of the FIR and in the two statements, the incident is said to have occurred on 21.04.2025 whereas, the medico-legal examination of the victim was conducted on 23.04.2025 which indicates the use of force, subsequently to the date of incident i.e. 21.04.2025, the tentative age of the victim is around 16 years. Versus Counsel for Applicant(s) : Iqbal Ali Counsel for Opposite Party(s) : G.A. Kamil .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 4. Learned AGA has opposed the bail application. 5. Considering the material on record and the medical in complete variance with the allegations leveled in the FIR and in two statements coupled with the fact that the applicant is in jail since 24.04.2025 having no criminal antecedents, he is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Kamil be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties 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 she 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 14, 2025 V. Sinha BAIL No. 7428 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench