HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1905 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution case, it is alleged that on 20.12.2024, at about 7:00 p.m. near the canal, the informant, aged approximately 17 years, was subjected to a physical assault and subsequently raped by each of the three accused persons. 3. Learned counsel for the applicant submits that the victim has made material improvements in her statements recorded under Sections 180 and 183 BNSS, rendering the prosecution version doubtful. It is further submitted that the victim was medically examined on the 23.12.2024 yet no corroborative injuries were found to support the allegations of rape. The applicant has no criminal antecedents. As per the school records, the victim is shown to be more than 17 years of age, and no ossification test of the victim has been conducted. 4. It is further submitted that 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. 5. 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. Versus Counsel for Applicant(s) : Km. Deepa, Manjari Singh, Vikrant Prakash Counsel for Opposite Party(s) : G.A. Pallu @ Hiroj Pasi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others .....Opposite Party(s) 6. Having considered the facts that the victim, while deposing under Sections 180 and 183 BNSS, has changed the date of the incident and introduced improvements in the prosecution case; the medical report does not corroborate with the allegations; the victim has not been subjected ossification test; the charge-sheet has already been filed; and the applicant, without any criminal antecedents, is in custody since 22.12.2024, I am of the considered view that it is a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Pallu @ Hiroj Pasi involved in CASE CRIME NO. 519/2024, UNDER SECTION 70(2), 351(2) OF THE BHARATIYA NYAYA SANHITA (B.N.S.) AND SECTION 5g/6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, P.S. KHERI, DISTRICT LAKHIMPUR KHERI, 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. BAIL No. 1905 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 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 IPC (now Section 209 of BNS). 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 16, 2025 R.C. BAIL No. 1905 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench