HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8271 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. 2. Notice to respondent no. 2 is dispensed with in view of the proposed order. 3. In the prosecution case, it is alleged that on 15.04.2025 at about 9:00 p.m., the accused persons molested the victim inside her house and, while leaving, extended threats to her. 4. Learned counsel for the applicant submits that in her statement recorded under Section 180 BNSS, the victim did not make any such allegation. However, while giving her statement under Section 183 BNSS, she introduced an improved version by alleging rape against the named accused persons. It is further submitted that the medico-legal examination does not support the prosecution case, and the independent witnesses have denied the incident in their affidavits. The applicant has no criminal antecedents. It is also admitted that there is old enmity between the victim and the grandfather of the applicant. The applicant is in jail since 04.05.2025. 5. 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. Versus Counsel for Applicant(s) : Hariom Divedi Counsel for Opposite Party(s) : G.A. Durgesh Kumar @ Durgesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 6. Learned AGA has opposed the bail application and disputed the affidavits of the alleged independent witnesses, however, he could not dispute the other facts stated by the learned counsel for the applicant. 7. On due consideration to the fact that the victim is a major, the persistent improvements made at every stage of the prosecution case, the absence of corroborative medical evidence, and the fact that the applicant is in jail since 04.05.2025 without any criminal antecedents, I am of the view that it is a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Durgesh Kumar @ Durgesh involved in FIR No-56 of 2025, Under section-70(1), 74,333,115(2),352,351(3) BNS, Police Station- Nawabganj, 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. (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 in accordance with law. BAIL No. 8271 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 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. September 4, 2025 R.C. BAIL No. 8271 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench