HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8564 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and Shri Bhanu Pratap Singh, Advocate who has filed vakalatnama on behalf of the complainant, which is taken on record. In the prosecution case, it is alleged that on 18.5.2025, there was a marriage in the house of Dulare. The informant's daughter went there. The applicant of the village was having friendship with the co-accused Mahesh and he introduced the victim to Mahesh on the date of marriage. It is alleged that at about 11.00 pm, the co-accused was molesting the victim and both wanted to marry. It is further alleged that since the caste of the co-accused Mahesh is different from that of the victim, hence the informant does not want to marry her daughter with the co-accused Mahesh. Learned counsel for the applicant submits that the applicant is innocent. The victim in the statement under Section 180 BNSS has not levelled any allegation of rape against the applicant. She has only stated that while she was being raped, the applicant was watching. In the statement under Section 183 BNSS, the victim has made an improvement and she has stated that it was the applicant who introduced her with the co-accused Mahesh. However, the applicant has not raped her. It is submitted that the Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Ankit Kumar Porwal Counsel for Opposite Party(s) : G.A., Ashwani Mishra, Bhanu Pratap Singh, Naved Alam Mantosh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) allegation against the applicant is that he along with the co-accused have beaten the victim, due to which she suffered injuries in her neck. It is further submitted that if the statements of the victim and the prosecution story are taken into account, no offence under Section 70(1) of B.N.S. is made out against the applicant. Although the charge-sheet in the case has been filed against the applicant along with the co-accused, but the role of the applicant is distinct from that of the co-accused. It is further submitted that the applicant has no criminal history and he is languishing in jail since 14.7.2025. 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. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant and submitted that the offence is heinous in nature. On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 180 and 183 BNSS, the medico legal examination of the victim so also the fact that the applicant has no criminal history; he is languishing in jail since 14.7.2025; charge-sheet in the case has been filed 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. Accordingly, the bail application is allowed. Let the applicant- Mantosh Kumar involved in Case Crime No. 133 of 2025, under Sections 137(2), 87, 70(1), 115(2) of B.N.S.; Section 5(g)/6 of POCSO Act; & Section 3(2)(v), 3(2)(v-a) of S.C./S.T. Act, Police Station- Murtiha, District- Bahraich, 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. BAIL No. 8564 of 2025 2 (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 84 B.N.S.S. 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 209 of B.N.S. September 9, 2025 Shravan BAIL No. 8564 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench