HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 270 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the applicant used to talk minor daughter of the informant Suman Devi, aged about 16 years old. It is alleged that he has enticed her away on 12.10.2024 at about 12.00noon on the pretext of marriage. 3.Learned counsel for the applicant submits that in her statement under section 180 BNSS, the victim has made allegation that the accused applicant has raped her. While giving statement under section 183 BNSS, though improvement has been made, however, allegation of rape has again been levelled by the victim. The victim has been examined as P.W.1 before the trial court where during cross examination she has not supported the prosecution case; rather denied it. No abnormality has been found in the medico legal examination of the victim. The applicant has no previous criminal history. The applicant is in jail since 18.10.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Anand Kumar Srivastava, Dharmendra Kumar Tripathi, Dinesh Kr. Chaudhary, Mohd.Mateen, Vivek Kumar Srivastava Counsel for Opposite Party(s) : G.A., Faizal Hashmi, K.K. Singh Ram Kumar @ Nankaney Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the victim has been examined before the trial court and there is no apprehension of tampering the prosecution evidence, lack of corroborative medico legal evidence in the prosecution case and there is no other corroborative material, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Ram Kumar alias Nankaney Yadav, involved in Case Crime No.231 of 2024 under sections 137(2), 87, 64 BNS, 3/4 POCSO Act, P.S. Laliya, district Balrampur, 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 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, 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 I.P.C. (now 269 BNS) BAIL No. 270 of 2025 2 (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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. September 16, 2025 kkb/ BAIL No. 270 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench