Neutral Citation No. - 2025:AHC-LKO:48168 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7332 of 2025 Applicant :- Manish Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Shri Dilip Pandey, Advocate has filed Vakalatnama along with Counter Affidavit on behalf of the complainant which is taken on record. Supplementary Affidavit filed by learned counsel for the applicant is also taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant as well as perused the record. The accused–applicant seeks bail in Case Crime No. 10 of 2025, under Sections 137(2), 87, 70(2), 127(2) of the BNS and Sections 5/6 of the POCSO Act, Police Station Shivratanganj, District Amethi. As per the prosecution case, it is alleged that on 26.01.2025 at about 7:00 p.m., when the daughter of the informant had gone out to ease herself, she was enticed away by the co-accused Sahajram. Learned counsel for the applicant submits that the applicant is not named in the First Information Report. The name of the applicant was taken for the first time by the victim while making improvements in her statement under Section 180 BNSS. It is further submitted that although allegations of gang rape have been levelled against both the accused persons, the victim declined to undergo medical examination. The statement of the victim under Section 183 BNSS also contains improvements. Moreover, in her statement before the trial court, the victim has not made any allegation against the applicant and has clearly denied his presence. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer however could not dispute the above facts. 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 explained the criminal history of one case in the supplementary affidavit, the statement of the victim before the trial court, the improvements made by her in the prosecution case at every stage, and the fact that the applicant is in custody since 09.02.2025, 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. Let the applicant Manish Kumar 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 :- 18.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench