HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8920 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. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.271 of 2025, under Sections 70(1), 61(2), 351(3), 108 BNS and Section 66-E of the IT Act, P.S. Asandra, District Barabanki. 3. In the prosecution case it is alleged that on 07.06.2025 at about 11:00 pm Shanti Devi co-accused on some pretext took the wife of the informant with her to attend the function. As soon as she reached Haarpurwa Shanti called co-accused Vinod and Usman. Usmn raped his wife and Vinod made her video. When the victim tried to raise alarm her mouth was gagged by Usman. After four days Usman went to Saudi Arab. It is further alleged that applicant Vinod while blackmailing the victim asked the victim to indulge into physical sexual relationship when she refused he threatened to make the video viral due to that the victim has consumed poison i.e. Roundup which is an Insecticide on 01.07.2025. 4. Learned counsel for the applicant submits that no statement of the victim under Section 183 BNSS has been recorded. In the statement of 180 BNSS also no allegation of rape has been levelled by the victim. As per the prosecution case in the F.I.R., the role assigned to the applicant is that while the victim was being raped by aco-accusd Usman he made the video and threatened to made the video viral. He submits that charge-sheet in the case has been filed. The Investigating Officer has not recovered any such video. Applicant has been falsely implicated. The victim consumed poison due to Versus Counsel for Applicant(s) : Farooq Ayoob, Km. Pooja Tiwari Counsel for Opposite Party(s) : G.A. Vinod Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) the dispute with her husband. Applicant has no role neither can be blamed for the poison being consumed by the victim. Prosecution case lacks corroborative evidence so far as the case of the present applicant is concerned, applicant has no criminal history. He submits that the applicant is in jail since 16.07.2025. 5. Learned A.G.A. has opposed the bail prayer. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 16.07.2025 having no criminal history, F.I.R., statement of the victim under Section 180 BNSS so also the statement of the doctor and lack of corroborative evidence so far as the present applicant is concerned 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 Vinod Kumar 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 BAIL No. 8920 of 2025 2 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 19, 2025 Saurabh Yadav/- BAIL No. 8920 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench