HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11090 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and Shri Shubhant Chandra, Advocate holding brief of Ms. Malti Mishra, learned counsel for the complainant, who has sought adjournment as he is not ready to argue the case. He has also not shown any willingness to argue the case tomorrow. In the prosecution case, it is alleged that the informant aged about 22 years has been raped by the applicant. He has committed rape upon the victim for several years on the pretext of marriage. He has also compelled her to abort. Learned counsel for the applicant submits that the applicant is innocent. As per the FIR itself, the victim is major aged about 22 years. As per the statement of the victim recorded under Section 161 CrPC, she is 20 years old, wherein she has made improvement levelling allegation against the supervisor in the company. The victim while giving her statement under Section 164 CrPC has made further improvement and the name of the supervisor has been dropped. In the statement under Section 164 CrPC, for the first time, she has stated her age 17 years and 10 months. He submits that the victim has refused to undergo medico legal examination. No radiological test of the victim has been conducted as well. It is further submitted that the applicant has no criminal history and he is languishing in jail since 3.6.2024. There is no possibility of the applicant of Versus Counsel for Applicant(s) : J.B. Singh, Ranjeet Yadav Counsel for Opposite Party(s) : G.A., Malti Mishra Ankit Kumar Lodhi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) 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 improvement made by the victim in her statements under Section 161 and 164 CrPC so also the fact that as per the FIR itself, the victim is major aged about 22 years; she has refused to undergo medico legal examination; no radiological test of the victim has been conducted as well; the applicant has no criminal history; he is languishing in jail since 3.6.2024 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. Accordingly, the bail application is allowed. Let the applicant- Ankit Kumar Lodhi involved in Case Crime No. 130 of 2024, under Sections 506/313/354D/376(2)(n) I.P.C.; Section 3(2)(v) of SC/ST Act; & Section 5/6 of POCSO Act, Police Station- Kakori, District- Lucknow, 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 BAIL No. 11090 of 2024 2 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. August 25, 2025 Shravan BAIL No. 11090 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench