HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 451 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 daughter of the informant has been trapped by the accused applicant in his love relationship on the pretext of marriage. He impregnated her. Presently, the victim is five months pregnant. 3.Learned counsel for the applicant submits that the victim in her statement under section 180 BNSS has alleged that she was raped. It is further alleged that she had sexual relations with the applicant. In her statement under section 183 BNSS, the allegation and the place of incident both have been changed. The allegation of rape has been levelled on three persons including the applicant making improvement by the victim. The place of incident has been changed from room to orchard. There is lack of corroboration in the medico legal examination, however, 33 weeks fetus has been found. It is submitted that the victim has not delivered any child. The applicant has no previous criminal history. The applicant is in jail since 14.8.2024. 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) : Neeraj Singh Counsel for Opposite Party(s) : G.A. Suraj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others .....Opposite Party(s) 4.Learned A.G.A. opposed the prayer for bail. However, from the record, she could not show that any child was born or any DNA test of newly born, if any has been conducted. Charge sheet has been filed. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, charge sheet has been filed, the co- accused Ankit Kumar against whom similar allegation was levelled, has been granted bail vide order dated 12.8.2025 passed in bail No.11855 of 2024, improvement made by the victim in her statement under section 183 BNSS, radiological age of the victim is 18 years, 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 Suraj, involved in Case Crime No.211 of 2024 under sections 376-D I.P.C., 5(J)(2)/6 of Protection of Children from Sexual Offences Act, 3(2)(5) SC/ST Act, P.S. Makhi, district Unnao, 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 BAIL No. 451 of 2025 2 Section 229-A I.P.C. (now 269 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 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 1, 2025 kkb/ BAIL No. 451 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench