HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25823 of 2025 Court No. - 65 (Sl. No. 115 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 21.06.2025 but none is present on behalf of the informant. 2. Heard Sri Madan Mohan Srivastava, learned counsel for the applicant and Ms. Vartika Singh, learned counsel for High Court Legal Services Committee as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 244 of 2024, under Sections 65(1), 115(2), 352 of BNS and Sections 3/4 of POCSO Act, Police Station - Atarra, District - Banda, during the pendency of trial. 4. Having heard the learned counsel for the parties, this Court finds that the FIR was instituted only with regard to outraging of modesty, but the allegations have since been escalated to that of rape. The statement of the victim recorded u/s 183 of BNSS, prima facie indicates her consent, as she has stated that her father had seen them, following which the applicant ran away from the place of occurrence. 5. Without expressing any opinion on the merits of the case, prima facie the Court is of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Madan Mohan Srivastava, Siya Ram Sahu Counsel for Opposite Party(s) : G.A., Vartika Singh Atul Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. Let the applicant- Atul Kumar, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 7. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 23, 2026 Siddhant BAIL No. 25823 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad