Neutral Citation No. - 2025:AHC-LKO:34588 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10233 of 2024 Applicant :- Dheeraj Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Rajendra Prasad,Kuldeep Prakash,Ram Chandra Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. None appears on behalf of the complainant although notices have been served. In the prosecution case, it is alleged that on 04.03.2024 at about 8:00 PM, when the complainant’s sister aged about 17 years went out to attend call of nature, the accused persons, Vishal and Dheeraj, dragged her into a sugarcane field and gang-raped her. Learned counsel for the applicant submits that the victim’s statements under Sections 161 and 164 Cr.P.C. are inconsistent. At every stage, the prosecutrix has given a different age and while testifying before the trial court, she turned hostile, stating that she was 18 years old at the time of the incident. Likewise, the complainant has also turned hostile. Both the complainant and the victim have failed to support the prosecution case during the trial. He submits that the applicant is in jail since 07.03.2024 however, applicant has no criminal antecedent. It is further submitted that there is no possibility of the applicant of fleeing 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. Learned AGA has opposed the bail application, submitting that the victim was medically examined, and signs of forceful penetration were found. On due consideration to the facts that the applicant has no criminal antecedents, both the victim and the complainant have turned hostile, the applicant is in jail since 07.03.2024, in case the applicant is released on bail, there are no chances of tampering the evidence and without expressing any opinion on the merits of the case, I find this to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Dheeraj involved in Case Crime No. 22 of 2024, under Sections 376D/323/506 IPC read with Section 3/4 and 5G/6 of POCSO Act and Section 3(1)(da)(dha)/3(2)(v) of the SC/ST Act, Police Station - Naimisharayan, District - Sitapur, 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 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 Penal Code. (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. 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 Penal Code. Order Date :- 4.6.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench