JUDGMENT : Hon'ble Pankaj Bhatia, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for respondent no.2 despite notice. 2. The applicant seeks enlargement on bail in FIR No.109 of 2023, under Section 376/506 IPC & Section 3/4 of POCSO Act, P.S. Jamo, District Sultanpur. 3. This is the second bail application of the present applicant. The first bail application was dismissed as not pressed on 22.03.2024. 4. In terms of the FIR it was alleged that on 24.04.2023 the daughter of the informant aged about 14 years was enticed away by the applicant and wrong was committed on her and this fact was revealed to the family members on 25.04.2023. The FIR in question was lodged on 26.04.2023. In the statement under Section 161 & 164 Cr.P.C., the victim reiterated the prosecution story. 5. In the light of the said, learned counsel for the applicant draws my attention to the medical report on record which was done on 26.04.2023 and was tested positive for pregnancy test. In the light of the said, the submission of counsel for the applicant is that even if, for the sake of arguments, the allegations in the FIR are treated to be correct, within two days the pregnancy test would not show positive results which leads to a presumption that the pregnancy had occurred prior to the date of incident. The tentative age of the victim, as per the medical examination, is around 18 years. 6. Learned AGA has opposed the bail application. 7. Considering the medical report on record, which does not corroborate the prosecution story, a case for bail is made out, particularly, when the applicant has no criminal history and is in custody since 26.04.2023. In view thereof, the application is allowed. 8. 6. Learned AGA has opposed the bail application. 7. Considering the medical report on record, which does not corroborate the prosecution story, a case for bail is made out, particularly, when the applicant has no criminal history and is in custody since 26.04.2023. In view thereof, the application is allowed. 8. Let the applicant Rakesh Kumar @ Dariya 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.