Neutral Citation No. - 2025:AHC-LKO:48548 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11424 of 2024 Applicant :- Sanjay Yadav @ Gangu Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko And 3 Others Counsel for Applicant :- Raj Narain,Hemant Kumar Pandey,Osama Syed,Riyaz Ahmad Counsel for Opposite Party :- G.A.,Laxmi Shanker Goswami,Vinay Mishra 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 on 16.7.2024, the applicant jumped inside the house of the informant from the roof of the neighbour while she was alone and held her hand and tried to rape her. Learned counsel for the applicant submits that the applicant is innocent. In the statement under Section 180 BNSS, the victim has denied the version of the FIR. She has stated that she is 18 years old and was in love relationship with the applicant and wants to marry. While giving statement under Section 183 BNSS, totally contradictory statements have been given by the victim. Although an allegation of rape has been levelled by her therein, but no date, time or place has been mentioned regarding the alleged offence. It is submitted that while giving statement before the trial court, the victim has re-stated her statement under Section 180 BNSS. Moreover, the she has refused to undergo medico legal examination. No ossification test of the victim has been conducted. Thus, the applicant has been falsely implicated in the present case. It is further submitted that the applicant has no criminal history and he is languishing in jail since 25.7.2024. 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 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 statements of the victim recorded under Sections 180 and 183 BNSS including her statement recorded during trial so also the fact that as per the statement of the victim under Section 180 BNSS, she is major and married; the applicant has no criminal history; he is languishing in jail since 25.7.2024 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- Sanjay Yadav @ Gangu Yadav involved in Case Crime No. 177 of 2024, under Sections 74/333/351(2)/64(2)(ड) of B.N.S.; Section 3(1)(द), 3(2)(v) of SC/ST Act; & Section 5/6 and 7/8 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 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 :- 19.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench