HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10960 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the minor daughter of the informant aged about 17 years was confined in a room on the pretext of showing mela and was raped. After that, the applicant threatened to make the video of the victim viral. She remained silent owing to fear. When she was five months pregnant, the abortion pills were administered twice by the applicant, due to which she fell sick and was admitted in the Globe Hospital from where she was referred to Leelamani Hospital, Kanpur were she is admitted and is fighting for life. Learned counsel for the applicant submits that the applicant is innocent. The victim has died. As per the post-mortem report, the cause of death is shock and septicaemia as a result of multi organ failure. He submits that the PW-1, complainant has been examined before the trial court, who has not supported the prosecution case. The PW-2, who is the inquest witness and a relative of the victim, has also been examined before the trial court. It is further submitted that the applicant has no criminal history and he is languishing in jail since 18.7.2024. 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 Versus Counsel for Applicant(s) : Shobha Rajpoot, O.P. Tiwari, Shiv Shankar Singh Counsel for Opposite Party(s) : G.A. Arvind .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) bail. Learned A.G.A. has opposed the prayer for bail but he could not show any video recovered by the investigating officer as alleged in the FIR. On due consideration to the submissions advanced, perusal of the record, the post-mortem report so also the fact that the applicant has no criminal history; he is languishing in jail since 18.7.2024; the PW-1, complainant has been examined before the trial court, who has not supported the prosecution case; the PW-2, who is the inquest witness and a relative of the victim, has also been examined before the trial court; there appears to be no chance of tampering the prosecution evidence 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- Arvind involved in Case Crime No. 217 of 2024, under Sections 376, 342, 506, 313, 314 I.P.C. & Section 5(J)(ii), 6 of POCSO Act, Police Station- Achalganj, District- Unnao, 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. BAIL No. 10960 of 2024 2 (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. August 28, 2025 Shravan BAIL No. 10960 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench