HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8307 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama along with Short counter affidavit filed by Mr. Sumit K. Srivastava, Advocate on behalf of the complainant/victim is taken on reocrd. Supplementary affidavit filed by the applicant is also taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant/victim. The accused-applicant seeks bail in Case Crime No.0098 of 2025 under Section 115(2), 70(1) BNS Act, 2023, Police Station Baundi, District Bahraich. Learned counsel for the applicant submits that the victim while giving her statement under Sections 180 and 183 BNSS, has made material improvements. It is argued that the prosecution story is highly improbable and there is a lack of corroborative medical evidence. In the medico-legal examination of the victim no injury has been found although she is alleged to have been gang-raped. It is further submitted that the applicant has been falsely implicated in the present case. The victim is a major. The applicant is in custody since 22.07.2025. Learned A.G.A. has opposed the bail prayer of the applicant. Learned counsel for the complainant has submitted that the parties have Versus Counsel for Applicant(s) : Manoj Kumari Tiwari Counsel for Opposite Party(s) : G.A., Akansha, Sumit Kumar Srivastava Salim .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s) entered into a compromise. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the submissions advanced and the facts of the case that the applicant has no criminal history; the statements of the victim recorded under Sections 180 and 183 BNSS; the lack of corroborative medical evidence; the victim is a major; further, the applicant has been in custody since 22.07.2025 and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Salim 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, 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). BAIL No. 8307 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 IPC (now Section 209 BNS). September 4, 2025 Madhu D.R/P.S BAIL No. 8307 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench