Neutral Citation No. - 2025:AHC-LKO:48694 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7646 of 2025 Applicant :- Satish @ Saajan Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Jitendra Prakash Mishra,Ram Lal 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.299 of 2025, under Section 64(1) of BNS, P.S. Mohammadi, District Kheri. In the prosecution case it is alleged that sister of the informant aged about 15 years while she went to ease out at 3 o'clock in the night on 30.04.2025 applicant dragged her inside his home and raped her. It is also alleged that earlier also he has raped her several times. Learned counsel for the applicant submits that prosecution story is highly improbable. In the statement under Section 180 BNSS, the allegation of rape as well as threatening the victim to show the obscene video and photographs of the victim has been made. While giving statement under Section 183 BNSS more or less similar version has been stated by the victim. He submits that in the statement before the doctor, the victim has stated that she consensually made sexual relations with the applicant several times in the past. He submits that victim is a consenting party. In the medico legal examination, no sign of use of force has been found however, the victim has been found pregnant and her bone age has been found to be 18-20 years. It is submitted by learned counsel for the applicant that in the medico legal examination victim has been shown to be five weeks pregnant which according to the allegation made in the prosecution case cannot be attributed to the applicant. He submits that the applicant is in jail since 06.05.2025. Applicant has no criminal history. Learned A.G.A. has opposed the bail prayer however, on the basis of record does not deny the fact that victim is major and no obscene photographs or video has been recovered during investigation by the Investigating Officer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 06.05.2025 having no criminal history, charge-sheet in the case has been filed, statement of the victim under Sections 180 & 183 BNSS as well as the statement given by her before the doctor 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 Satish @ Saajan 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 :- 20.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench