Neutral Citation No. - 2025:AHC-LKO:49072 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10937 of 2024 Applicant :- Suraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Sect. Lko And 3 Others Counsel for Applicant :- Sagar Singh,Sagar Singh,Shri Ram Maurya,Smriti Counsel for Opposite Party :- G.A. 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. None appears for the complainant although notices are served. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.167 of 2024, under Sections 363, 366, 376(D), 342 of I.P.C. and Sections 3/4 of POCSO Act, P.S. Makhi, District Unnao. In the prosecution case it is alleged that minor daughter of the informant aged about 16 years on the pretext of going to the shop went with someone on 03.06.2024 at about 12:30 while going away she has taken Rs.15,000/-, jhumki and tub. Learned counsel for the applicant submits that applicant is not named in the F.I.R. The named accused Pankaj was having relationship with the victim. He submits that victim in her statement under Section 161 Cr.P.C. has not made any allegation on the Pankaj only because the applicant and his wife informed the complainant regarding the whereabouts of the victim. Applicant has been falsely implicated in this case. In the statement under Section 161 Cr.P.C., the allegation of rape has been levelled on applicant only however, while giving statement under Section 164 Cr.P.C., the allegation of gang rape has been made on applicant and co-accused Chandan. In the medico legal examination of the victim, no injury has been found on the internal and external examination. Applicant resided with co-accused Pankaj for a period of one month. The victim has been examined before the trial court where also improvement has been made by the victim. There is no apprehension of tampering with the prosecution evidence since the victim has been examined. Applicant is in jail since 22.07.2024. Applicant has no criminal history. Learned A.G.A. has opposed the bail prayer and has submitted that victim was minor aged about 16 years and 1 month old however, could not assign any reason as to why radio-logical examination of the victim was not conducted. Perused the record. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 22.07.2024 having no criminal history, improvement made in the prosecution case at every stage, victim has been examined, there appears to be no chance of tampering the evidence and without expressing any opinion on 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 Suraj be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 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 Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS). Order Date :- 21.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench