HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8706 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution case, it is alleged that on 18.04.2025 at about 11:00 p.m., owing to previous enmity, accused no. 1 entered the victim's house and molested her. On raising an alarm, he fled after extending threats. 3. Learned counsel for the applicant submits that in her statement under Section 180 BNSS, the victim made improvements and levelled allegations against four accused persons. In her subsequent statement under Section 183 BNSS, further improvements were made; however, no allegation of molestation was attributed to the applicant or co-accused Chaudhary. The only allegation against the applicant is that he assaulted the victim. It is further pointed out that the victim refused to undergo medical examination and that the FIR was lodged after an unexplained delay of 20 days. 4. It is further submitted that applicant is languishing in jail since 08.08.2025. Applicant has explained the criminal history of five cases in para 18 of the bail application as well as criminal history of two cases in supplementary affidavit. 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. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Nripendra Mishra Counsel for Opposite Party(s) : G.A. Budhai .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) 6. On due consideration to the improvements made by her at every stage of the prosecution, the absence of corroborative material and the fact that the victim is a major aged about 34 years, coupled with the fact that the applicant is languishing in jail since 08.08.2025 so also the fact that applicant has explained the criminal history, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Budhai involved in Case Crime No.71/2025, U/S: 70(1), 76, 352, 351(3),333 B.N.S., Police Station: Nawabganj, 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. (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 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 IPC (now Section 209 of BNS). BAIL No. 8706 of 2025 2 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 11, 2025 Saurabh Yadav/- BAIL No. 8706 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench