HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8459 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution case, it is alleged that on 19.03.2025 at about 6:00 p.m., Dharmendra of the village molested the informant’s daughter. When she objected, she was assaulted, abused, and threatened with death by the applicant. 3. Learned counsel for the applicant submits that in her statements under Sections 180 and 183 BNSS, the victim has not made any allegation of rape. However, in her statement under Section 183 Cr.P.C., allegations have been made regarding removal of clothes, recording of a video, and sending the same to her in-laws. 4. It is further contended that the applicant is innocent and has been falsely implicated. In the supplementary affidavit, the applicant has explained the criminal history of one case. He is in custody since 15.07.2025. 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. 6. Learned AGA has opposed the bail application, submitting that the victim Versus Counsel for Applicant(s) : Km. Niharika Mishra, Vijay Kumar Tiwari Counsel for Opposite Party(s) : G.A. Dharmendra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. .....Opposite Party(s) sustained four injuries and that the prosecution case is supported by the medical evidence. 7. On due consideration to the facts that the injuries sustained by the victim are simple in nature; the statements of the victim under Sections 180 and 183 BNSS prima facie do not disclose any allegation of rape; the charge sheet has already been filed; and the applicant is in custody since 15.07.2025, I find it a fit case for granting bail to the applicant. 8. Accordingly, the bail application is allowed. 9. Let the applicant involved in Case Crime No. 116 of 2025, under section 64, 77, 333, 115 (2), 351(3) B.N.S. Police station Pasgavan, District Kheri, 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. (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 BAIL No. 8459 of 2025 2 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 10, 2025 R.C. BAIL No. 8459 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench