HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8942 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Learned A.G.A. submits that notices to the complainant is served. 3. None appears for the complainant. 4. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.301 of 2025, under Sections 78, 79, 296, 352, 351(2), 64 of BNS, P.S. Ram Nagar, District Barabanki. 5. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. No video or any obscene video as alleged in the prosecution case has been recovered by the Investigating Officer. It is a cock and bull story prepared by the victim. Prosecutrix is 30 years old and is a married lady having two children. The relationship with the applicant has been admitted by the victim in her statement before the doctor as well as in the statement under Sections 180 & 183 BNSS. Victim was a consenting party. Prosecution case lacks corroborative medical evidence. Applicant is only 21 years old having no criminal history. Charge- sheet has been filed. He submits that the applicant is in jail since 01.08.2025. 6. Learned A.G.A. has opposed the bail prayer. 5. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 01.08.2025 having no criminal history, statement of the victim under Sections 180 & Versus Counsel for Applicant(s) : Vivek Chandra Counsel for Opposite Party(s) : G.A. Sachin Kumar @ Akash .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 183 BNSS lacks corroborative evidence in support of prosecution case prima facie ingredients to attract Section 64 BNS appears to be missing and without expressing any opinion on merits of the case, 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 Sachin Kumar @ Akash 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). September 18, 2025 Saurabh Yadav/- BAIL No. 8942 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench