HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12845 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.535 of 2024, under Section 75, 115(2), 352, 351(2), 64 of BNS & Section 3/4 & 7/8 of POCSO Act, P.S. Ramsanehighat, District Barabanki. 3. In terms of the FIR it was alleged that on the date of the incident, the accused misbehaved with her and touched her inappropriately; no allegation of rape was levelled. Subsequently, in the statement under Section 180 BNSS also, no allegation of rape was levelled, however, in the statement under Section 183 BNSS, the allegation of insertion of finger was levelled. As per the medical, tentative age of the victim is around 18 years. It is argued that the FIR is a counter blast to the complaint lodged by the applicant against the opposite parties, which is on record as Annexure - 2. 4. Learned AGA has opposed the bail application. 5. Considering the huge variances in the statements and prima-facie the FIR being a counter blast, the applicant, who is in custody since 30.10.2024 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Ankit Kumar Trivedi, Kaushal Kumar, Rajesh Kumar, Sanat Singh, Suhail Kashif Counsel for Opposite Party(s) : G.A. Suneel Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Suneel Kumar 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 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 15, 2025 nishant BAIL No. 12845 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench