Neutral Citation No. - 2025:AHC-LKO:48709 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7643 of 2025 Applicant :- Saurabh Singh @ Anshu Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Pandey 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.60 of 2025 under sections 64(1), 332 (B), 351 (3) BNS, Police Station Shivgarh, District Raebareli. In the prosecution case, it is alleged that the informant, who is a widow residing with her three children, was frequently visited by the applicant. It is further alleged that on 16.09.2024, at about 11:00 a.m., the applicant entered the house of the victim, when her three children had gone to school, and committed rape upon her. The version stated in the FIR has been reiterated by the victim in her statement under Section 180 BNSS; however, an improvement has been made to the effect that the applicant is her nephew. While giving statement under Section 183 BNSS although the allegation of rape has been levelled, however, it is alleged that the victim further stated that she wants to reside with the applicant, but the applicant is not willing to keep her. The victim has also refused to undergo medical examination. Learned counsel for the applicant submits that the victim is a major, married lady and a widow having three children. The statements of the victim recorded under Sections 180 and 183 BNSS are at variance. A perusal of the statement under Section 183 BNSS shows that the victim has expressed her desire to reside with the applicant, which falsifies the entire story narrated by her in the prosecution case. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. 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 no criminal antecedents; he is a relative of the victim; the victim is a married lady and mother of three children, coupled with the improvement made in her statements under Sections 180 and 183 BNSS, as well as her refusal to undergo medical examination; the applicant is in jail since 04.07.2025 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 Saurabh Singh @ Anshu Singh 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 :- 20.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench