Neutral Citation No. - 2025:AHC-LKO:49502 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11219 of 2024 Applicant :- Abdul Malik @ Muse @ Abdul Hamid Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Irfan Alam Counsel for Opposite Party :- G.A.,Akshay Singh,Arshad Siddiqui Hon'ble Karunesh Singh Pawar,J. Case called out. None appears for the complainant. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that while the minor daughter of the informant aged about 13 years on 5.8.2024 was going home after the school hours on a bicycle, then at about 02.30 pm at canal the applicant and the co-accused took her in a bush and raped her forcefully and thereafter, they have made a video. Learned counsel for the applicant submits that the applicant is innocent. As per the radiological examination, the victim is 17 years of age. The victim was a consenting party. In the statement under Section 183 BNSS, the victim has not supported the prosecution case. Moreover, the victim has been examined before the trial court and she has been declared hostile. There is no chance of tampering the prosecution evidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 14.8.2024. 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 bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the statement of the victim recorded under Sections 180 and 183 BNSS, radiology examination of the victim so also the fact that the victim herself has been declared hostile by the trial court; the applicant has no criminal history; he is languishing in jail since 14.8.2024 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- Abdul Malik @ Muse @ Abdul Hamid involved in Case Crime No. 192 of 2024, under Section 65(1) of B.N.S. & Section 3/4 of POCSO Act, Police Station- Panchpedawa, District- Balrampur, 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 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. Order Date :- 22.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench