HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8004 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and Shri Vineet Kumar Yadav, learned Advocate who has filed vakalatnama on behalf of the complainant along with counter affidavit which is taken no record.. 2. As per the prosecution case, the complainant's niece, aged about 26 years, visited his residence on 21.05.2025 at around 8:00 PM. She had accompanied his wife, Minaxi Singh, to Harpal Market to purchase groceries, but was allegedly enticed away by an unknown person from there. 3. Learned counsel for the applicant submits that in her statement recorded under Section 180 of the BNSS, the victim has levelled allegations against five different individuals. However, in her subsequent statement recorded under Section 183 of the BNSS, she has entirely changed the prosecution version. The victim is 25 years of age. There is no corroborative medical evidence on record. The alleged recovery has not been made from the applicant and is stated to be false. Moreover, there is no independent witness to support the alleged recovery. The applicant is in custody since 19.06.2025 and does not have any criminal antecedents. It is a case of false implication as earlier an application was given by the victim under Section 156(3) Cr.P.C. against her father and brother in which the co-accused Vinod Kumar Singh was witness. 4. It is further submitted that there is no possibility of the applicant of fleeing Versus Counsel for Applicant(s) : Apoorv Srivastava Counsel for Opposite Party(s) : G.A., Anjali Singh, Vineet Kumar Yadav Sachin Kushwaha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko .....Opposite Party(s) away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail. 6. Learned counsel for the complainant submits that the doctor in his statement has confirmed the pregnancy of the victim, however, he admits that there is no allegation of rape in the statement of the victim under Section 183 BNSS. 7. On due consideration to the facts that the applicant is in custody since 19.06.2025, the charge sheet has been filed, the victim's statement under Section 183 of the BNSS which contains no allegation of rape and the possibility of false implication cannot be ruled out, I am of the opinion that the applicant deserves to be enlarged on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Sachin Kushwaha involved in Case Crime No. 172/2025, Under Section: 87, 310(2), 127(3), 70(1), 143(2), 3(5) BNS, Police Station - Harpalpur, District - Hardoi, 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 BAIL No. 8004 of 2025 2 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 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 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 IPC (now Section 209 of BNS). 10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. August 28, 2025 R.C. BAIL No. 8004 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench