Neutral Citation No. - 2025:AHC-LKO:45027 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7192 of 2025 Applicant :- Pappu Opposite Party :- State Of U.P. Thru. Prin Secy. Home Lko. And Another Counsel for Applicant :- Bal Krishna Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Mohd. Anas Siddiqui, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as learned counsel for the complainant. The accused-applicant seeks bail in Case No.14544 of 2023 under Section 376 D, Indian Penal Code, Police Station Baundi, District Bahraich. Learned counsel for the applicant submits that the complaint case against the applicant has been filed with malafide intent as a counterblast to the application filed by the applicant’s sister under Section 156(3) Cr.P.C. on 02.03.2023 against the complainant and other accused persons. He further submits that the civil dispute between the parties is pending before the competent civil court. Memo of suit is on record. It is submitted that the complaint was filed without calling for a report from the concerned police station. Attention of the Court has been invited to the police report, which does not support or corroborate the prosecution story under Section 156(3) Cr.P.C. It is further submitted that there is no corroborative evidence in support of the complaint case. In the case filed by the applicant’s sister, co-accused Mast Ram was summoned. He approached this Court for quashing of the summoning order whereby this Court was pleased to grant interim protection in favour of the Mast Ram in Application U/S 482 No. 2657 of 2025. Learned counsel for the complainant submits that in the complaint case filed by the applicant’s side, a compromise was entered into between the parties on 09.09.2022 (Annexure-6). Learned A.G.A. has opposed the bail prayer of the applicant. However, he submits that proceedings under Sections 107/116 Cr.P.C. were initiated against both the parties. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant has no criminal history, he is in judicial custody since 24.06.2025, and that a civil suit is pending between the parties; further, both sides have filed applications under Section 156(3) Cr.P.C. against each other alleging similar accusations of rape, and taking into account the period of incarceration undergone by the applicant and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for grant of bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Pappu be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 IPC (now Section 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 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 174-A of the IPC (now Section 209 BNS). Order Date :- 4.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench