Neutral Citation No. - 2025:AHC-LKO:45791 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7277 of 2025 Applicant :- Bhagwati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dilip 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, as per the instructions of learned AGA, notice to the complainant is served. In the prosecution case, it is alleged that the minor daughter of the informant left home around 8:00 a.m. and did not return. It is further alleged that the complainant, along with the police, recovered the victim from the applicant’s residence. Learned counsel for the applicant submits that the allegation of rape has not been levelled against the applicant rather against the co-accused, Susheel Kumar, who has already been granted bail by the coordinate Bench of this Court vide order dated 26.03.2025 in Criminal Misc. Bail Application No. 2546 of 2025. The applicant seeks parity with the said order. It is further submitted that the applicant is a lady with no criminal antecedents. Even in the victim’s statement recorded under Section 183 BNSS, no allegation of rape has been made against the co-accused. The applicant is in custody since 24.09.2024. 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, she 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 of co-accused Susheel Kumar, the fact that the applicant is a woman, has no prior criminal record, and is in custody since 24.09.2024, I am of the view that this is a fit case for grant of bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Bhagwati involved in Case Crime No. 199/2024, U/s-137(2), 3(5), 87, 64(1), 351(2) B.N.S. and section 3/4 POCSO Act, Police Station-Fatanpur, District- Pratapgarh, 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. (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 her 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 her 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 her, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. Order Date :- 6.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench