HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8314 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. At the very outset, learned counsel for the applicant prays for and is permitted to delete the complainant from the array of the parties. In the prosecution case, it is alleged that on 2.9.2020 at about 02.00 am in the night, the victim was sleeping alone in the tin shed. All of a sudden, the accused persons came and raped her while gagging her mouth. She wanted to raise alarm, but she was threatened to kill her and her son. Learned counsel for the applicant submits that the applicant is the elder brother-in-law (Jeth) of the victim. Similar allegations were levelled against the co-accused Raj Kumar Yadav who has already been granted bail by a coordinate bench of this Court vide order dated 28.1.2023 passed in Criminal Misc. Bail Application No. 9341 of 2023. Hence, the present applicant claims parity. It is submitted that the applicant has been falsely implicated in the case owing to the fact that the brother of the applicant Rahul Kumar was married to the victim and they were having strained matrimonial relations. Accordingly, the brother of the applicant filed a petition under Section 13 of the Hindu Marriage Act for divorce. During pendency of the same, this FIR has been lodged in order to mount pressure on the husband of the victim. He Versus Counsel for Applicant(s) : Ajai Kumar Shukla Counsel for Opposite Party(s) : G.A. Pawan Yadav @ Pawan Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) submits that the victim is 30 years old. In the medico legal examination of the victim, no corroborative injury has been found so as to substantiate the allegations of gang rape as alleged in the prosecution case. Furthermore, the statements of the victim recorded under Sections 161 and 164 CrPC have not been corroborated with the medical evidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 03.06.2025. 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 161 and 164 CrPC; the medico legal examination report of the victim; the bail order of the co- accused Raj Kumar Yadav so also the fact that the applicant has no criminal history; he is languishing in jail since 03.06.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Pawan Yadav @ Pawan Kumar involved in Case Crime No. 179 of 2020, under Sections 376-D, 506 I.P.C. Police Station- Sangipur, District- Pratapgarh, 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 BAIL No. 8314 of 2025 2 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. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. September 2, 2025 Shravan BAIL No. 8314 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench