Neutral Citation No. - 2025:AHC-LKO:48056 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7542 of 2025 Applicant :- Vakeel @ Akeel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dhananjay Trivedi 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 present bail application has been filed by accused-applicant seeking bail in Case Crime No.472 of 2022, under Sections 452, 323, 504, 506, 427, 376 I.P.C., P.S. Hargaon, District Sitapur. In the prosecution case it is alleged that on 31.03.2022, the accused persons had beaten the victim and her family members. On 22.04.2022 at about 10:00 am while the victim was alone at home, the accused persons came inside the house of the victim and started beating her by kicks and fists. Shaqil co-accused was having illegal arm in his hand and threatened to kill in case she raises alarm and Parvej has exorted his sons to rape the victim. It is alleged that applicant has raped the victim. Learned counsel for the applicant submits that applicant has been falsely implicated in this case due to enmity. There is lack of corroborative medical evidence although it is alleged that four accused persons have beaten the victim with kicks and fists, however, there is not a single injury on the person of the victim, this falsifies the prosecution case. He submits that eight eye witnesses has denied the prosecution case; there is lack of corroborative material; statement of the victim under Sections 161 & 164 Cr.P.C. has suffered from improvement and three real brothers and father have been made accused in this case. He submits that the applicant is in jail since 08.07.2025. Learned A.G.A. has opposed the bail prayer however, could not dispute that there is lack of corroborative medical report as well as statement of the eye witnesses do not support the prosecution case. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 08.07.2025; statement of the eye witnesses present on the spot; lack of corroborative medical report or any other corroborative material or even something sort of corroboration; applicant has no criminal history; father and his three sons are accused in this case and without expressing any opinion on 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 Vakeel @ Akeel be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS). Order Date :- 18.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench