HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4863 of 2024 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.0009 of 2024, under Sections 328, 420, 509, 376, 120-B I.P.C., P.S. Krishna Nagar, District Lucknow. 3. In a nutshell, the prosecution case is that the informant has given information alleging therein that she met one Vikram Kashyap in relation to some job, who promised him to make Reporter and kept her in the job paying Rs. 100/- per day on the promise that he would increase the salary soon. He wasted more than two months time of informant by keeping her with Sandhya Asthana, reporter. Sandhya Asthana used to talk to her regarding immoral acts. She had conversation with Sandhya on financial and health matters at which she made informant met one Dubey Ji. Thereafter She was taken at a house behind Asharam Bapu Road, near Krishnanagar by Golband Log and alleged reporter Ashirwad Srivastava where said persons gave her water to drink. After drinking water, her condition worsened. After this, whatever happened with informant cannot be told. 4. Learned counsel for the applicant submits that applicant has been falsely implicated in this case. Charge-sheet has been filed. Applicant has Versus Counsel for Applicant(s) : Mukesh Dhar Dwivedi, Himadri Goswami, Kapil Kumar Yadav, Piyush Pathak, Shailendra Kumar Tiwari Counsel for Opposite Party(s) : G.A. Ajay Kant Dubey Alias Gulshan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko .....Opposite Party(s) no criminal history. The statement of the victim under Section 161 and 164 Cr.P.C. are highly improbable. Statement under Sections 161 & 164 Cr.P.C. are at some variance. The incident is said to have taken place when the husband of the victim was also there. She alleges that co- accused administered her intoxicating substance while giving glass of water thereafter she went unconscious and she knows nothing. Medical does not corroborate the prosecution story. There is no opinion of rape in the medico legal examination of the victim. The victim is 20 years old. Applicant has been falsely implicated. He submits that the applicant is in jail since 07.01.2024. 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 07.01.2024, fact that applicant has no criminal history, lack of corroborative material in support of the prosecution case so also the statements of the victim under Sections 161 & 164 Cr.P.C. and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Ajay Kant Dubey Alias Gulshan 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 BAIL No. 4863 of 2024 2 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 24, 2025 Saurabh Yadav/- BAIL No. 4863 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench