Neutral Citation No. - 2025:AHC-LKO:48998 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7807 of 2025 Applicant :- Saaved Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar Awasthi,Amit Bhatt Counsel for Opposite Party :- G.A. 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 the applicant along with co-accused enticed away the sister of the informant and took her on the motorcycle and raped her in a chhappar. Thereafter, he administered cold drink to her and then kept her at his home and on the next day, he dropped her at Dhkerwa crossing. 3.Learned counsel for the applicant submits that the first information report has been lodged after delay of 18 days without any explanation. The victim is major. The prosecutions story is highly improbable as per statement of the victim under sections 180 and 183 BNSS as firstly allegation of rape is alleged and thereafter, it is stated that she was given cold drink by the applicant. The victim was a consenting party. There is no corroborative material or even sort of any corroboration in support of the prosecution case. The applicant has no previous criminal history. The applicant is in jail since 27.6.2025. 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. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, variation in the statement of the victim under sections 180 and 183 BNSS, lack of corroborative material, delay in lodging the first information report, 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 Saaved, involved in Case Crime No.422 of 2025 under sections 64(1)/87/127(2)/351(3) BNS, P.S. Dhaurahra, district Kheri, 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 proceedings against him, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 21.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench