HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5396 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that on 22.11.2024, Barat came in the village. The informant came in the Barat. While she reached at about 11.00 in the night to her home, her daughter Punam Saroj told her that while she was alone in the house, then the accused applicant babloo Saroj entered into the house and molested her. On objection being raised, he has beaten her. 3.Learned counsel for the applicant submits that the victim is major as per school record. As per ossification test, she is 17 years old. Both the complainant and the victim have been examined. The victim has been declared hostile. The complainant has not supported the prosecution case during cross examination and he has also been declared hostile. The applicant has explained previous criminal history of one case in para 27 of the bail application. The applicant is in jail since 25.11.2024. 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. 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) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Babloo Saroj @ Ajeet .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 5.Considering the facts and circumstances of the case, the fact that the P.W,.1 and P.W.2 complainant and the victim both have been examined before the trial court, there appears to be no chance of tampering the prosecution evidence, 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 Babloo Saroj alias Ajeet, involved in Case Crime No. 174 of 2024 under sections 333, 64(1), 115(2), 351(3, 352 BNS, P.S. Mandhata, district Pratapgarh, 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 BAIL No. 5396 of 2025 2 proceedings against him, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly. September 22, 2025 kkb/ BAIL No. 5396 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench