HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7910 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The accused-applicant seeks bail in Case Crime No.143 of 2025 under Section 64(2), 115(2), 332(kha), 351 (3) BNS, Police Station Salon, District Raebareli. 3. In the FIR, it is alleged that while the victim was alone at home, the applicant, taking advantage of the situation, entered the house and closed the door. It is further alleged that he molested her, and when she raised an alarm, he attempted to kill her and started fighting with her. 4. Learned counsel for the applicant submits that in her statement under Section 180 BNSS, the victim stated that she was molested, threatened with death, and beaten by the applicant. However, in her subsequent statement under Section 183 BNSS, she has improved the prosecution version by alleging that she was raped by the applicant. It is further submitted that although the incident is alleged to have been witnessed by the son of the victim, no statement of the said witness has been recorded by the Investigating Officer. No corroborative injuries such as bite marks were found in the medico- legal report of the victim. Also there is no medical opinion suggesting that rape was committed upon her. It is lastly submitted that the Versus Counsel for Applicant(s) : Sachin Verma, Praveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Anurag .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) applicant has no criminal history. 5. Learned A.G.A. has opposed the prayer for bail of the applicant and submitted that contusions were found on the body of the victim; however, he could not deny the fact that no opinion regarding rape has been given by the doctor. 6. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. 7. On due consideration to the facts that the victim has refused to undergo DNA examination; the applicant has no criminal history; there are material improvements in the statement of the victim under Section 183 BNSS; there is lack of corroborative evidence; and the applicant is in jail since 15.5.2025, without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Anurag 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. BAIL No. 7910 of 2025 2 (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). August 25, 2025 Madhu D.R/P.S BAIL No. 7910 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench