HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1115 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. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.345 of 2024, under Sections 376, 452, 506 I.P.C., P.S. Asiwan, District Unnao. 3. In the prosecution case it is alleged that on 29.09.2023 while the informant came from her shop to her home after giving the charge of shop to her daughter Santoshi and when she returned to the shop around 08:30 pm she saw that from the adjacent room accused went away hurriedly. When she went inside, she found her daughter weeping who told that she was raped. 4. Learned counsel for the the applicant submits that victim has denied to undergo medical examination, during trial P.W.1 and P.W.2 have not supported the prosecution case. P.W.3 have been declared hostile. There is no chance of tampering the evidence. Applicant has no criminal history. He submits that the applicant is in jail since 07.12.2024. 5. Learned A.G.A. has opposed the bail prayer. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 07.12.2024 having no criminal history, P.W.1 and P.W.2 have not supported the prosecution case and P.W.3 have been declared hostile and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Versus Counsel for Applicant(s) : Srees Kumar Srivastava, Ram Naresh Singh Chauhan Counsel for Opposite Party(s) : G.A. Chunnu @ Ankit .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) 7. Accordingly, the bail application is allowed. 8. Let the applicant Chunnu @ Ankit 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 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 25, 2025 Saurabh Yadav/- BAIL No. 1115 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench