HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7960 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.113 of 2025, under Sections 354, 504, 506, 376 I.P.C., P.S. Jahangirganj, District Ambedkar Nagar. 3. In the F.I.R. it is alleged that daughter of the informant aged about 18 years is in relationship with the applicant. He usually while finding her alone molest her on the pretext of marriage however, when the victim pressurized him to marry he has denied. It is also alleged that earlier Rs.10,000/- cash and jewellery were given to the accused which he is not returning. 4. Learned counsel for the applicant submits that in the statement under Section 180 BNSS victim has not made any allegation of rape against the applicant and only this much is said that she on her own accord went away from her home and while going away Rs.10,000/- cash and jewellery were taken by her and when she asked the applicant for marriage he has refused to marry and abused her. In the statement under Section 183 BNSS for the first time, allegation of rape was levelled. Victim has refused to undergo medical examination. At C.D.7 while the Investigating Officer has recorded the statement of various villagers and concluded that victim was badly beaten by her family members in her Versus Counsel for Applicant(s) : Niyaj Ahmad Counsel for Opposite Party(s) : G.A. Sangam @ Mohan .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Lko. .....Opposite Party(s) home due to relationship with the applicant. It is submitted that applicant is innocent. He submits that the applicant is in jail since 07.07.2025. 5. Learned A.G.A. has opposed the bail prayer. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 07.07.2025, victim is major, statement under Sections 180 & 183 BNSS are contradictory and suffer from improvement, medical has been denied by the victim, there is lack of corroborative evidence, applicant has no criminal history and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Sangam @ Mohan 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). BAIL No. 7960 of 2025 2 (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). August 26, 2025 Saurabh Yadav/- BAIL No. 7960 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench