Neutral Citation No. - 2025:AHC-LKO:46856 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1852 of 2022 Applicant :- Ankesh (Second Bail) Opposite Party :- State Of U.P Thru. Prin. Secy. Home Counsel for Applicant :- D.K. Singh Somvanshi,Dinesh Kumar,Gyanendra Kumar,Pradeep Kumar Tripathi,Rizwanul Haque Ansari,Suresh Chandra Tiwari,Vijay Kumar Asthana Counsel for Opposite Party :- G.A.,Atul Kumar Bhaskar Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. This is the second bail application. The first bail application of the applicant was rejected vide order dated 7.7.2021 passed in Bail No. 7846 of 2020. In the prosecution case, it is alleged that on 20.4.2020 at about 05.00 pm, the daughter of the informant aged about 15 years went to fetch mustard greens curry (sarson ka saag) in the sugarcane field where the applicant is alleged to have dragged her inside the filed and raped her. Learned counsel for the applicant submits that the victim while giving her statement under Section 161 CrPC has denied the prosecution story. It is next submitted that an improvement has been made by the victim while giving her statement under Section 164 CrPC. No sign of force or any injury has been found in the medico legal examination of the victim. As per radiology examination, the victim has been found to be 14 years old. It is further submitted that it is a case of false implication as it is evident from the perusal of the FIR that at that point of time and month, the mustard crop cannot exist. Furthermore, the applicant has no criminal history and he is languishing in jail since 22.4.2020. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 161 & 164 CrPC, the medico legal examination so also the fact that the applicant has no criminal history; he is languishing in jail since 22.4.2020 coupled with the fact that the fact witnesses have been examined; there is no chance of tampering the evidence as well as the judgement of the Apex Court in re: Javed Gulam Nabi Shaikh vs. State of Maharashtra, 2024 SCC OnLine SC 1693 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Ankesh involved in Case Crime No. 176 of 2020, under Section 376 I.P.C. & Section 3/4 of POCSO Act, Police Station- Laharpur, District- Sitapur, 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 11.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench