HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8456 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Rishabh Srivastava, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. The accused-applicant seeks bail in Case Crime No.143 of 2025, under Section 126(2), 70(1), 351(3) BNS, Police Station Itiyathok, District Gonda. In the prosecution case it is alleged that on 06.12.2024 at about 7:00 p.m., when the complainant/victim was returning to her home from the house of her uncle Suresh, about 100 meters away from her house, the accused/applicant along with his companion allegedly stopped her forcibly, pressed her mouth, dragged her to an adjacent field, molested her, and committed rape upon her. When the complainant managed to free herself, she raised an alarm, upon which the accused persons extended threats to kill her if she disclosed the incident to anyone. Learned counsel for the applicant submits that the FIR was lodged for the first time through an application under Section 173(4) BNSS, in which the name of the applicant was introduced along with an allegation of gang rape. The statement under Section 180 BNSS was recorded after about six months of the incident. While giving her statement under Section 183 BNSS, the Versus Counsel for Applicant(s) : Ganesh Nath Mishra, Ajeet Kumar Counsel for Opposite Party(s) : G.A., Gunjan Pandey, Rishabh Srivastava Satya Prakash Singh .....Applicant(s) State Of U.P. Thru. Prin. /Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s) victim did not name the applicant, and the statement was not concluded at that stage. However, in her subsequent and final statement, she introduced for the first time the allegation that the applicant had also committed rape. Learned counsel for the applicant has further drawn attention to the observation of the court while recording the statement under Section 183 BNSS that the victim kept smiling continuously during her testimony. Learned A.G.A. has opposed the bail prayer but has not been able to dispute the factual aspects noted above. I have considered the submissions advanced by learned counsel for the parties and perused the record. On due consideration of the facts that there are material improvements in the prosecution case; the FIR was lodged with inordinate delay; the statement under Section 180 BNSS was recorded belatedly; the victim’s statements are inconsistent and lack corroborative material; the applicant has no previous criminal history; the charge-sheet has already been filed; and the applicant is in custody since 24.07.2025 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. Accordingly, the bail application is allowed. Let the applicant Satya Prakash Singh 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. BAIL No. 8456 of 2025 2 (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 9, 2025 Madhu D.R/P.S BAIL No. 8456 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench