HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8627 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.199 of 2025 under Sections 64(2)(m), 115(2) BNS and Section 5(L)/6 of the Protection of children from Sexual Offences Act, 2012, Police Station Mill Area, District Raebareli. It is alleged that on 11.06.2024 at about 11:30 a.m., the applicant along with co-accused persons induced the daughter of the informant and, thereafter, by blackmailing and extending threats, continued to extort money from her, which she allegedly transferred online to the accused persons. It is further alleged that on five occasions, the accused persons committed rape upon the victim at a hotel in Didauli and also made videos of the same. The victim is stated to have transferred money online to the accused persons on account of such blackmailing. Learned counsel for the applicant submits that the FIR has been lodged after an unexplained delay of 11 months. The statements of the victim under Sections 180 and 183 BNSS are highly improbable. No money trail or money transaction has been traced between the applicant and the victim by the Investigating Officer. Further, no video, as alleged to have been made or circulated by the applicant, has been recovered during the investigation. It is Versus Counsel for Applicant(s) : Dharmendra Kumar Trivedi Counsel for Opposite Party(s) : G.A. Shubham Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) urged that the entire story is false. The victim is a major, and no abnormality was found in her medico-legal examination. Even the father of the victim has denied the prosecution case in his statement under Section 180 BNSS. The applicant has no criminal history and the charge-sheet has already been filed. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the fact that neither any video/photograph nor any money transaction between the victim and the accused persons has been found. I have considered the submissions advanced by learned counsel for the parties and perused the material on record. On due consideration of the submissions made, the statements of the victim under Sections 180 and 183 BNSS, the delay in lodging the FIR, the fact that no video or money trail has been recovered, the applicant has no criminal history, the charge-sheet has been filed, and the applicant is in custody since 28.06.2025, 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 Shubham Yadav 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. (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 BAIL No. 8627 of 2025 2 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 10, 2025 Madhu D.R/P.S BAIL No. 8627 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench