Neutral Citation No. - 2025:AHC-LKO:37553 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6166 of 2025 Applicant :- Mahesh Tivari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Vishal Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State. None appears on behalf of the complainant, although, notice to the complainant is served as per the instructions of learned AGA. Learned counsel for the applicant submits that the applicant has been falsely implicated. The applicant has no criminal history. Statements of the victim recorded under Section 180 and 183 BNSS are at variance. Co-accused Ishwardeen Dubey @ Modi has been enlarged on bail vide order dated 27.06.2025 passed in criminal misc. bail application No. 3614 of 2025. He seeks parity with the order of Ishwardeen Dubey @ Modi. The applicant is languishing in jail since 17.11.2024. 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 bail order co-accused Ishwardeen Dubey @ Modi, so also the fact that the victim has not been subjected to radiological examination; in the medico-legal examination, simple injuries have been found, coupled with the fact that the applicant is languishing in jail since 17.11.2024 without having any criminal history 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. Accordingly, the bail application is allowed. Let the applicant Mahesh Tivari involved in Case Crime/FIR No. 477/2024, under Sections 74/324(2)/351(3) BNS and Section 7/8 of POCSO Act, Police Station - Binga, District - Shrawasti, 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. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under 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 209 of BNS. Order Date :- 3.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench