HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 144 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State- respondent, learned counsel for the complainant and perused the record. 2. In the prosecution case, it is alleged that the informants, who are four real sisters, for schooling, used to go from their home at about 8.15 a.m. to the school. It is alleged that in front of their house, there is a house situated of their maternal grandfather. It is alleged that all the eight named accused persons had come between 06.35 O'clock and 09.00 O'clock in the morning and then again in the evening from 05.00 O'clock till night and play obscene songs on their mobile phone and they also shown obscene photograph(s) to them and due to their terror, the prosecutrix(s) could not say anything. Upon being restrained by their maternal grand father, they threatened them to kill him. 3. Learned counsel for the applicant submits that it is a case of false implication. The applicant is not named in the FIR. After 25 days of the incident, the name of the applicant has been surfaced in the statement under Section 183 BNSS of the victim Mahak Soni, aged about 18 years. The occurrence (s) are said to have taken place on 06.09.2024 and 08.09.2024. The first medical examination of all the victims was conducted on 10.09.2024, however, no corroborative material was found in the medico legal examination of all the four victims. Versus Counsel for Applicant(s) : P.K. Mishra, Prem Prakash Singh, Sikandar Yadav, Sushil Kumar Singh Counsel for Opposite Party(s) : G.A., Rajeshwar, Ram Prasad Nigam Mohd. Shahid .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 4. The second medical of all the four victims was conducted on 16.09.2024 and all the four victims had denied to undergo internal examination. Again no corroborative material was found to support the prosecution case. Then third medical examination was conducted on 04.10.2024 and once again no corroborative material was found. All the four victims have been examined before the trial court. The victim Mahak Soni, aged about 18 years has been examined as P.W.-1 and she has been declared hostile. Rest of the victims 2, 3 and 4 have not made any allegation of rape. Even otherwise, after examination of all the four victims before the trial court, there is no chance of tampering the prosecution evidence. 5. Learned A.G.A. has opposed the bail prayer and submits that P.W.-3 has supported the prosecution case. 6. On due consideration to the submission advanced, perusal of the record as also the fact that all the four victims have been examined before the trial court and there appears to be no chance of tempering the prosecution evidence, there is lack of corroborative material in the medico legal examination of the victims who have been medically examined thrice, the applicant has no criminal antecedents, and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Mohd. Shahid involved in Case Crime No.208 of 2024, under Sections 70(1), 70(2), 74, 75, 76 BNS & 5m/6 POCSO Act, Police Station Hanswar, District- Ambedkar Nagar be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, BAIL No. 144 of 2025 2 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. (iv) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant 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 Panel Code (now Section 269 of BNS). (vi) 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. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). September 22, 2025 dk/ BAIL No. 144 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench