HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7774 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, complainant's counsel, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that on 15.1.2024, the step brother of the victim Neeraj aged about 22 years administered her some intoxicated substance and raped her. Prior to that also, he has raped her thrice. When she informed the step mother and father, they have beaten her with belts. 3.Learned counsel for the applicant submits that the applicant has been falsely implicated. The victim while giving statement under sections 180 and 183 BNSS has stated that the fact that she was raped came to her knowledge when she was shown the video by the accused. It is submitted that there is no such recovery of video as alleged in the prosecution case. Apart from the alleged source of video, there is no other allegation of the victim against the applicant. The elder sister of the victim has stated that the applicant has been falsely implicated by the victim. The applicant's counsel has also invited attention of this court towards audio chip collected by the investigating officer which is a conversation between father of the applicant and maternal uncle of the victim where the uncle of the victim has demanded half of the property in the name of the victim, or else the entire family of the applicant will be falsely implicated. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A., Sandeep Singh Neeraj Maurya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) It is submitted that there is no abnormality found in the medico legal examination report of the victim. As per radiological examination, the victim has been found 16-17 years of age. There is a delay of 2 1/2 months in lodging the first information report. The applicant has explained criminal history of one case in the bail application, The applicant is in jail since 7.7.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. and complainant's counsel opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, there is no recovery of alleged video, delay in lodging the first information report, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Neeraj Maurya, involved in Case Crime No.176 of 2024 under sections 376(2)/(n), 323, 506 I.P.C., 5(1)/6 POCSO Act, P.S. Nanpara, district Bahraich, 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. BAIL No. 7774 of 2025 2 (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 I.P.C. (now 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. September 15, 2025 kkb/ BAIL No. 7774 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench