Neutral Citation No. - 2025:AHC-LKO:34360 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5006 of 2025 Applicant :- Anil Nishad@ Golu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. Counsel for Applicant :- Amit Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that general allegation of rape has been made against two real brothers via an application under Section 156 Cr.P.C., which was filed four months after the alleged incident. It is further submitted that there is no corroborative evidence supporting the prosecution's case. The victim has made improvements in her statement recorded under Section 180 BNSS by stating the date of the incident as 13.12.2024, whereas in the FIR, the date of the incident was mentioned as 23.12.2024. It is also submitted that the victim refused to undergo medical examination. The allegation of rape against two real brothers is highly improbable. The applicants are 21 years of age, while the victim is 33 years old, married, and a mother of three children. 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. 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. On due consideration to the victim’s statements recorded under Sections 180 and 183 BNSS, her refusal to undergo medical examination, the delay in lodging the FIR, and considering that the applicant has been in jail since 08.05.2025, without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Anil Nishad@ Golu involved in Case Crime No. 109/2025, under Sections 70(1)/351(3)/352 B.N.S, P.S.- Matera, District- Bahraich 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 of the Indian Penal Code. (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. 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 Penal Code. Order Date :- 3.6.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench