Neutral Citation No. - 2025:AHC-LKO:46989 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7503 of 2025 Applicant :- Anil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.93 of 2025 under Section 324(4), 126(2), 115(2), 64 BNS, Police Station Baldirai, District Sultanpur. It is alleged that on 23.04.2025, at about 8:30 p.m., the brother-in-law of the victim pushed her and committed rape upon her. On hearing her alarm, neighbours arrived, and she was saved. On 24.04.2025, at about 12:00 noon, the victim called her mother, who advised her to contact the police on emergency number 112. While she was proceeding along with her brother and uncle to lodge the FIR, the mother-in-law, Kesh Kumari, and the applicant, Anil Kumar, started quarreling with them. In the process, the mobile phone of her brother was damaged. It is further alleged that the named accused persons assaulted the victim, her uncle, and her brother. Learned counsel for the applicant submits that the victim is a major and married woman. It is argued that the statements of the victim under Sections 180 and 183 BNSS differ and improvements have been made by the victim in her statement under Section 183 BNSS. He further submits that there is a lack of corroborative evidence in support of the prosecution case, and the statement of Head Constable Ikram falsifies the prosecution version. Although eight persons are alleged to have beaten the victim, her brother, and her uncle, the medico-legal examination of the victim does not reveal a single injury. It is submitted that this is a case of false implication. Learned counsel for the applicant further contended that in fact, the victim had left along with jewellery. It is further submitted that the mother-in-law was beaten and her blouse was torn. The falsity of the prosecution case, according to the learned counsel, was noticed by the Investigating Officer, and therefore, while filing the charge-sheet, he dropped the names of the other seven co-accused persons, retaining only the present applicant. The applicant has no criminal antecedents, and the charge-sheet has already been filed. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the fact that no injury was sustained by the victim, despite the allegation of beating having been levelled against eight accused persons. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the variations in the statements of the victim under Sections 180 and 183 BNSS, coupled with the fact that the applicant has no criminal antecedents, the charge-sheet has been filed, and the applicant has been in jail since 01.05.2025, 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 Anil 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 :- 12.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench