Neutral Citation No. - 2025:AHC-LKO:45124 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10771 of 2024 Applicant :- Abhishek Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dilip Kumar Pandey,Arun Kumar Patel,Rajesh Kumar Singh,Shamim Arif Counsel for Opposite Party :- G.A.,Alok Kumar Mishra Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that the informant had gone to her parental home and on 11.8.2024 at about 05.00 am in the morning, the applicant who is the uncle of the minor daughter of the informant, entered the house and forcefully raped with her. The son of the informant namely, Abhay Sharma was present there. Learned counsel for the applicant submits that the applicant is innocent. The statement of the victim recorded under Sections 180 and 183 BNSS suffers from improvements. There is lack of corroborative medical evidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 13.8.2024. Till date, the trial has not yet commenced. 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. and learned counsel for the complainant have opposed the prayer for bail of 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 so also the fact that there appears to be lack of corroborative medical evidence; the eye-witness Ananya who was sleeping with the victim, has not supported the prosecution case; likewise, the grandmother and the aunt of the victim have also not supported the prosecution case; besides, no opinion of rape has been given by the doctor; the applicant has no criminal history; he is languishing in jail since 13.8.2024; till date, not even a single prosecution witness has been examined as well as the judgement of the Apex Court in re: Javed Gulam Nabi Shaikh vs. State of Maharashtra, 2024 SCC OnLine SC 1693 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- Abhishek Sharma involved in Case Crime No. 291 of 2024, under Sections 332B, 64(1), 351(3) of B.N.S. & Section 3/4 of POCSO Act, Police Station- Shivgarh, District- Raebareli, 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 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. Order Date :- 4.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench