HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8569 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that there is a delay of 7 days in lodging of the FIR. Four real brothers have been falsely implicated in this case. The prosecution story is highly improbable. He submits that the statements of the victim recorded under Sections 180 and 183 BNSS suffer from major contradictions. The investigating officer has recorded a finding on 19.6.2025 and 22.6.2025 regarding the false implication of the applicant. The statement of the husband of the complainant has also been recorded. Due to relationship of the applicant and the victim at the behest of the complainant's husband, the applicant and the other accused persons have been falsely implicated in the case. He submits that the offence is of gang rape. The victim has refused to undergo medico legal examination. The victim is a married lady aged about 33 years. He submits that there is no corroborative evidence in support of the prosecution case. The statements of the victim do not inspire confidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 28.6.2025. 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. Versus Counsel for Applicant(s) : Rajiv Raman Srivastava Counsel for Opposite Party(s) : G.A. Sonu Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 180 and 183 BNSS, the delay in lodging of the FIR so also the fact that the victim is a married lady aged about 33 years; she has refused to undergo medico legal examination coupled with the fact that the applicant has no criminal history; he is languishing in jail since 28.6.2025 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- Sonu Kumar involved in Case Crime No. 201 of 2025, under Sections 64, 351(2), 352 of B.N.S., Police Station- Maholi, District- Sitapur, 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 BAIL No. 8569 of 2025 2 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. 8569 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench