HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10725 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. None appears for the complainant although notice is served. 3. This is the second bail application. The first bail application of the applicant bearing Bail No.12518 of 2023 was dismissed by this Court vide order dated 13.05.2024. 4. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.59 of 2023, under Sections 376DA, 506 I.P.C. and Sections 5G/6 of the POCSO Act, P.S. Laharpur, District Sitapur. 5. In the F.I.R. it is alleged that on 26.01.2023 at about 07:00 pm minor sister of the informant aged about 13 years went to give Pudiya where accused Deepu took her in a field near the house of Pratap. Pratap caught hold her hand and Deepu raped her. 6. Learned counsel for the applicant submits that except statement of the victim under Sections 161 & 164 Cr.P.C. without any corroborative material there is nothing in the prosecution case against him. The statement of the victim given during investigation has not been corroborated by the victim while giving testimony before the court. P.W.1 has not supported the prosecution case. There is no chance of tampering Versus Counsel for Applicant(s) : Narendra Gupta, Narvind Kumar Singh Counsel for Opposite Party(s) : G.A. Deepu .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And 3 Others .....Opposite Party(s) the evidence. Applicant is innocent. Applicant has no criminal history. He submits that the applicant is in jail since 28.01.2023. 7. Learned A.G.A. has opposed the bail prayer. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 28.01.2023 having no criminal history, P.W.1 victim has been examined, there appears to be no chance of tampering the evidence and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Deepu be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 Indian Panel Code (now Section 269 of BNS). BAIL No. 10725 of 2024 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 Indian Panel Code (now Section 209 BNS). September 4, 2025 Saurabh Yadav/- BAIL No. 10725 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench