HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6158 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Rejoinder affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that the complainant, married for 13 years with two children and currently unemployed due to illness, sustains his family from the rent of a house gifted by his father-in-law. His daughter, acquainted with her friend Muskan, was sent to Muskan's sister Rahnuma's house to assist her during pregnancy for Rs.3,000 per month. Later, Rahnuma's husband's friend Aslam and his female companion Nancy rented part of the complainant's house. It is alleged that Aslam took the prosecutrix to Rahnuma's house, where, in Nancy's absence, he committed sexual acts upon her after administering an intoxicating substance, and, along with Nancy, threatened to make her photographs and videos viral if she resisted. On falling ill, the prosecutrix disclosed the incidents to the complainant. Learned counsel for the applicant submits that the co-accused Sufian @ Ilu has already been granted bail by this Court vide order dated 14.8.2025 passed in Criminal Misc. Bail Application No. 7604 of 2025, with which the applicant claims parity. The role of the present applicant is on better footing Versus Counsel for Applicant(s) : Sushil Kumar Misra, Simran Parveen, Vishnu Kant Dwivedi Counsel for Opposite Party(s) : G.A., Dhruv Ashish, Shashank Agnihotri Nainsi Rawat .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) than that of the said co-accused. He submits that in the statements of the victim recorded under Sections 180 and 183 BNSS, the only role assigned to the applicant is that she used to defame the victim. Apart from that, there is no allegation so as to attract Section 65(1) of BNS or Section 5/6 of POCSO Act against the present applicant. It is further submitted that the applicant is a lady having no criminal history and she is languishing in jail since 13.5.2025. 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, she shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute that it is a case of parity. Learned counsel for the complainant while opposing the bail application submits that the victim has given her statements under pressure. It is not a case of false implication. On due consideration to the submissions advanced, perusal of the record, the bail order of the co-accused Sufiyan @ Ilu, the statements of the victim recorded under Sections 180 and 183 BNSS so also the fact that the applicant is a lady having no criminal history; she is languishing in jail since 13.5.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Nainsi Rawat involved in Case Crime No. 180 of 2025, under Sections 65(1), 351(2), 123, 61(2) of B.N.S. & Section 5/6 of POCSO Act, Police Station- Gudamba, District- Lucknow, be released on bail on her 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. BAIL No. 6158 of 2025 2 (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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 her, in accordance with law, under Section 209 of B.N.S. September 15, 2025 Shravan BAIL No. 6158 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench