HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6764 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Counter affidavit and supplementary affidavit filed today are taken on record. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. The victim in her statements under Sections 180 and 183 BNSS has made improvements. He submits that the victim has refused to undergo medico legal examination. She is major. She has been examined before the trial court as PW-1 where she has not supported the prosecution case. It is submitted that the applicant is willing to marry the victim. It is further submitted that the applicant is languishing in jail since 29.5.2025. 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, he shall not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant. Learned counsel for the complainant has stated that the victim is also willing to marry the applicant. On due consideration to the submissions advanced, perusal of the record, the Versus Counsel for Applicant(s) : Niyaj Ahmad Counsel for Opposite Party(s) : G.A. Avadhesh Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) improvement made by the victim in her statements under Sections 180 and 183 BNSS so also the fact that the victim has refused to undergo medico legal examination; she is major; she has been examined before the trial court as PW-1 where she has not supported the prosecution case; there appears to be no chance of tampering the prosecution evidence coupled with the fact that the applicant has no criminal history; he is languishing in jail since 29.5.2025 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. Accordingly, the bail application is allowed. Accordingly, the bail application is allowed. Let the applicant- Avadhesh Nishad involved in Case Crime No. 353 of 2025, Under Sections-69, 316 (2), 352, 351 (3), 115 (2) of B.N.S., 2023, Sections 3 (1) (Da), 3 (1) (Dha), 3 (2) (v), 3 (2) (v-a) of S.C.S.T. Act and Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Kotwali Akbarpur, District- Ambedkar Nagar, 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. BAIL No. 6764 of 2025 2 (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 him, in accordance with law, under Section 209 of B.N.S. September 4, 2025 Shravan BAIL No. 6764 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench