Neutral Citation No. - 2025:AHC-LKO:29011 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 190 of 2025 Applicant :- Alok Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Afrin Bano,Sayyed Farooq Ahmad,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant,learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0197 of 2024, under sections 64(1), 352, 351(3) of the B.N.S., Police Station-Kumarganj, District-Ayodhya. The prosecution story, in brief, is that on 08-10- 2024 at about 05.00 P.M., when the informant went for cutting fodder, the applicant came behind her and he touched and caught the victim with bad intention and when the informant pushed him back, while threatening the informant, the applicant ran away towards the east side. Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the instant matter due to ulterior motive. He added that the first information report is lodged by the victim herself and there is no allegation for committing rape. Further, the statement of the victim was also recorded under section 180 of the B.N.S.S.,wherein there was no allegation of rape in the statement. He added that in the statement recorded under section 183 of the B.N.S.S., after thought, the allegation of rape was levelled against the applicant, though there is no iota of evidence against the applicant so as to commit the offence of rape. He further argued that the medical report of the victim also do not corroborate the story of the prosecution as there is no sign of injury over the body of the victim or any sign of resistance by the victim herself. He added that the applicant is a law abiding citizen and there is no previous criminal history of the applicant as is explained in paragraph no. 20 of the bail application and he is languishing in jail since 17-10-2024. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Therefore, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the first information report,but, he could not dispute the fact that uptil the stage of the statement recorded under section 180 of the B.N.S.S., the allegation of rape was not levelled against the applicant. He further could not dispute the fact that the medical report of the victim also do not corroborate the story of the prosecution as there is no sign of resistance by the victim. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 17-10-2024; there is no previous criminal history of the applicant as has been explained in paragraph 20 of the bail application; there is no sign of injury over the body of the victim or any sign of resistance by her coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Alok Sharma,involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 16.5.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench