HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7644 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Rejoinder affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 28.3.2025, the complainant went in the neighbouring village in a marriage ceremony and when he returned, his five year old son informed him that at around 04.00 pm, the accused persons have taken the complainant's wife towards the wheat field. After searching her for sometime, she was found in a naked and unconscious condition. She was brought home and on enquiry, she told that she was raped by the accused. Learned counsel for the applicant submits that the prosecution case is false. No corroborative injury has been found in the medico legal examination of the victim, except the blackening on both the eyes which may be caused for some other reason. He submits that the statements of the victim recorded under Sections 180 and 183 BNSS do not inspire confidence. Although an allegation of beating by two accused persons was made by her, yet there is no mark of injury found on her person in the medico legal examination. It is submitted that the the complainant has been examined before the trial court and he has been declared hostile. It is further submitted that the applicant has no criminal history and he is languishing in jail since 3.4.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. Versus Counsel for Applicant(s) : Rahul Agnihotri Counsel for Opposite Party(s) : G.A. Akash .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has 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 submissions advanced, perusal of the record, the statements of the victim recorded under Sections 180 and 183 BNSS, lack of corroborative medical evidence in support of the prosecution case so also the fact that the complainant has been declared hostile by the trial court; out of 12, only one prosecution witness has been examined before the trial court so far; the trial is not likely to be concluded in the near future coupled with the fact that the applicant has no criminal history; he is languishing in jail since 3.4.2025 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- Akash involved in Case Crime No. 05 of 2025, under Section 70(1) of B.N.S., Police Station- Chandan Chauki, District- Lakhimpur Kheri, be released on bail on his 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 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 BAIL No. 7644 of 2025 2 fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. (Karunesh Singh Pawar,J.) September 25, 2025 AKK BAIL No. 7644 of 2025 3 Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench