HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8553 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the informant victim is a married lady. Her husband works in Haryana. She resides with her two minor children. While she was sleeping with her children, the accused applicant came her house on 10.6.2025 and raped her. It is further alleged that he has also taken obscene photograph of her private part showing them in the village. 3.Learned counsel for the applicant submits that the victim is major and a married lady. He has been falsely implicated. The prosecution story is improbable. The statement of two minor children who were sleeping along with the victim has not been recorded by the investigating officer. They could have been the eye-witnesses of the alleged offence. A perusal of the statement of the victim before the doctor shows that the obscene photograph of the victim has been taken and posted on the facebook, however, no such photograph has been found to be made viral during investigation, nor obscene photograph of the victim has been recovered. It is a case of false implication. The applicant has no previous criminal history. The applicant is in jail since 14.6.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. Versus Counsel for Applicant(s) : Atul Kumar Singh Counsel for Opposite Party(s) : G.A. Tirathram @ Tirath .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Of U.P. Lko. .....Opposite Party(s) In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail and submits that the statement of the two children of the victim who were sleeping with the victim has not been recorcorded nor the alleged viral of photograph on facebook has been recovered nor there is any video thereof which might have been recovered. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, statement of the victim under sections 180 and 183 BNSS, statement of the two minor children of the victim sleeping with their mother at the time of offence of alleged rape has not been recorded by the investigating officer, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Tirathram alias Tirath, involved in Case Crime No.489 of 2025 under sections 64(1), 332(b), 352, 351(3), 77 BNS, P.S. Kotwali Sadar, 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. BAIL No. 8553 of 2025 2 (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 I.P.C. (now 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. September 9, 2025 kkb/ BAIL No. 8553 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench