HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8717 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Notice to the complainant has been served as per the instructions of learned A.G.A, however, no one has appeared for the complainant. 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.0175 of 2025 under Section 64(1), 332(kha), 351(3), 352 BNS, Police Station Beniganj, District Hardoi. In the prosecution case, it is alleged that on 03.05.2025 at about 1:00 a.m., the informant was sleeping inside her house along with her four children. Her husband resides in Lucknow, where he works as a labourer. It is alleged that on the said night, the applicant entered the house of the informant by jumping over the wall and molested her. Upon her raising an alarm, he ran away while extending threats. Submission of learned counsel for the applicant is that in the statement recorded under Section 180 BNSS, allegations of rape were levelled by the victim. In the statement under Section 183 BNSS, further improvements were made, alleging that the applicant had been raping her for about one hour, and when she raised an alarm, the mother of the applicant came and made accusations against the victim. Versus Counsel for Applicant(s) : Aditya Kumar Counsel for Opposite Party(s) : G.A. Mohit .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Learned counsel for the applicant further submits that no corroborative injuries were found in the medico-legal examination of the victim. It is further submitted that the victim is 30 years old and the mother of four children. The prosecution story is highly improbable, as it is alleged that she was raped for about one hour, yet none of her four children woke up. The applicant has no criminal history, the charge sheet has already been filed, and he has been in jail since 04.05.2025. Learned A.G.A. has opposed the bail prayer but could not dispute the factual submissions made on behalf of the applicant. I have considered the arguments advanced by learned counsel for the parties and perused the record. On due consideration of the facts that in the statements of the victim under Sections 180 and 183 BNSS material improvements have been made; there is lack of corroborative evidence; the victim is a major, aged 30 years, and mother of four children; the applicant is a young person of 22 years of age; the charge sheet has been filed; he is in jail since 04.05.2025 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 Mohit 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. BAIL No. 8717 of 2025 2 (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 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 12, 2025 Madhu D.R/P.S BAIL No. 8717 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench