HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 356 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 and perused the record. 2. None appears for the complainant although notices is served. 3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.654 of 2024, under Sections 70(2), 351(3), 352 of BNS and Sections 5G/6 of POCSO Act and Sections 3(2)(v) of SC/ST Act, P.S. Kotwali Nagar, District Gonda. 4. In the F.I.R. it is alleged that daughter of the informant went to ease out on 02.09.2024 at about 08:30 pm. At that time Vijay Yadav and two unknown persons have finding her alone committed gang rape upon the victim. 5. Learned counsel for the applicant submits that prosecution story is false and concocted. In the statement before the doctor she has not taken the name of anybody rather has said that unknown persons have raped her. In the medico legal examination of the victim, no abnormality has been found, there is no mark of injury. Doctor in his statement has not found any corroborative material to substantiate the allegation of rape. No external or internal injury was found on the person of the victim so as to corroborate the prosecution story. Pathologist in his statement has stated that in the medical examination of the vaginal swab, no live or dead Versus Counsel for Applicant(s) : Kailash Nath Mishra, Rahul Mishra Counsel for Opposite Party(s) : G.A. Vijay Yadav .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko And 3 Others .....Opposite Party(s) spermatozoa has been found. The victim has refused to undergo medical examination although she was advised to go for it by the doctor for the reasons best known to the victim in the statement under Section 183 BNSS while making improvement allegation of rape has been levelled for the first time. It is a simple case of false implication. Applicant has explained the criminal history of one case in which final report has been filed in the rejoinder affidavit filed along with the bail application. He submits that the applicant is in jail since 03.09.2024. 6. Learned A.G.A. has opposed the bail prayer. 7. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 03.09.2024, improvement made in the prosecution case by the victim while giving statement under Section 183 BNSS, lack of any corroborative injury or any other sign suggesting gang rape although victim was examined promptly on the same day within six hours, refusal of the victim to undergo radio-logical examination and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Vijay Yadav be released on bail in aforesaid case crime number subject to 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: (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, 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 BAIL No. 356 of 2025 2 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 12, 2025 Saurabh Yadav/- BAIL No. 356 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench