HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8341 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Notice to the complainant has been served as per the instructions of learned A.G.A, however no one has appeared on behalf of the complainant. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.97 of 2025 under Sections 64(1), 351(3) BNS and 3/4 POCSO Act, Police Station Baghauli, District Hardoi. In the prosecution case it is alleged that the two named accused persons are of criminal minded and characterless. The incident is stated to have occurred on 26.01.2025 at about 6:00 p.m., when the informant had gone to ease herself in the field. At that time, the accused persons, at gunpoint, allegedly dragged her into a sugarcane field and committed rape upon her. It is further alleged that obscene photographs of the victim were taken, and she was threatened that the said photographs would be made viral if she disclosed the incident to anyone. It is also alleged that the marriage of the victim, which was fixed for 29.04.2025, could not soleminzed as the accused persons showed the obscene photographs to her prospective in-laws, due to which the marriage was cancelled. Learned counsel for the applicant submits that the FIR has been lodged after an inordinate delay of three months without any satisfactory explanation. It Versus Counsel for Applicant(s) : S.C. Misra Counsel for Opposite Party(s) : G.A. Ankit Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) is pointed out that the victim is a major, aged about 18–19 years. The statements of the prospective in-laws or any of their family members have not been recorded by the Investigating Officer. It is further submitted that on the same set of allegations, the name of co- accused Amit Kumar has been dropped and no charge-sheet has been filed against him by the Investigating Officer. However, on identical allegations, the present applicant has been implicated and charge-sheet has been filed against him. It is also argued that the victim was a consenting party. The allegation of obscene photographs being taken by the applicant and co- accused has not been corroborated during investigation, and no such photograph has been recovered. The applicant has no criminal antecedents. Learned A.G.A. has opposed the bail prayer of the applicant. However, he fairly submits that no obscene photographs have been recovered during investigation nor has any statement of the family members of the victim’s prospective husband been recorded by the Investigating Officer. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant has no criminal antecedents; charge-sheet has already been filed; the applicant is in custody since 21.06.2025; and there is lack of corroborative medical and other supporting evidence to substantiate the prosecution version, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Ankit Kumar 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, BAIL No. 8341 of 2025 2 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 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). September 4, 2025 Madhu D.R/P.S BAIL No. 8341 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench