Neutral Citation No. - 2025:AHC-LKO:45851 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1540 of 2025 Applicant :- Manish Yadav @ Manish Kumar Yadav Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Alok Kumar Shukla,Ranjeet Kumar Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, counsel for the complainant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that while the daughter of the complainant was on her way to farm house in January, 2024, the accused applicant committed rape with her, made objectionable video and threatened to viral it. It is further alleged that under the garb of the alleged threat, he continued committing rape and on being medically examined, she was found to be pregnant. It is alleged that when the complainant went to applicant's house to complain, she was abused, assaulted and threatened with dire consequences. 3.Learned counsel for the applicant submits that charge sheet has been filed. The applicant has no previous criminal history. The allegation of rape has been made for the first time in January, 2024. The first information report has been registered on 24.9.2024. In the meantime, in the month of July, the victim came to know about her pregnancy.It is submitted that no radiological examination of the victim has been conducted. The victim in her statements under sections 180 and 183 BNSS has stated her age to be 20 years. In the date of birth certificate issued by the Principal of concerned Intermediate College, there is no mention as to in which class, the victim studied in that college. Attention of this court has been drawn towards the family register of the victim, according to which, she is shown to be born in the year 2004 and is major. In the statement before the doctor, it has been stated by the victim that promise to marry was made by the accused applicant, however, due to refusal by the father of the applicant, he has not married her. The submission is that the relationship with the victim and the applicant is admitted. No reason has been assigned for the delay of several months in lodging the first information report. As per statement of the complainant herself, no video has been provided by her to the investigating officer which makes the story of the prosecution in the first information report false. The applicant is in jail since 26.9.2024. 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. 4.Learned A.G.A. and complainant's counsel opposed the prayer for bail and submitted that the victim has delivered a baby girl who is four months old. However, no DNA test has been conducted in this case, although counter affidavit has been filed. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, unexplained delay in lodging the first information report, admittedly, no video is alleged to have been recovered, charge sheet has been filed, no DNA test has been conducted, as per statement of the victim of occurrence under sections 180 and 183 BNSS, she is 20 years old, in the Aadhar card and family register, she is shown to be major, according to High School certificate, the victim's age is said to be 16 years and 6 months, 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 Manish Yadav alias Manish Kumar Yadav, involved in Case Crime No.439 of 2024 under sections 64(2) (m), 351(3) BNS, 5(Tha)/6 POCSO Act, 3(2)(v) SC/ST Act, P.S. Mohanlalganj, district Lucknow, 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) (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. Order Date :- 6.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench