HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8982 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State and Shri Surendra Kumar, learned Advocate who has filed counter affidavit along with Vakalatnama which is taken on record. 2. It is alleged in the prosecution case that the informant had gone to her village in November 2024 to carry out construction on her residential plot and stayed at her uncle’s house, where the accused allegedly administered an intoxicant in her tea, sexually assaulted her while she was unconscious, and recorded a video. He then allegedly threatened to share the video with her husband if she disclosed the matter. Upon being blackmailed, she handed over her jewelry in December 2024, yet he continued to harass her, threatening to kill her husband and abduct her son. On 12.03.2025, he allegedly prepared a fake marital declaration on a stamp paper, forcibly obtained her signature, and sent it to her husband via WhatsApp. 3. Learned counsel for the applicant submits that the victim’s statements recorded under Sections 180 and 183 BNSS are inconsistent. During investigation, no WhatsApp message or video as alleged in the FIR has been recovered. No corroborative material or abnormality was found in the medico-legal examination of the victim. The victim is 35 years old, whereas the applicant is 21 years old, which suggests that it is a case of false implication. 4. It is further submitted that there is no possibility of the applicant of fleeing Versus Counsel for Applicant(s) : Shiv Kumar Vishwakarma, Ashish Kumar Verma Counsel for Opposite Party(s) : G.A. Ankit @ Bobby .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 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. 5. Learned AGA, from the case diary, could not point out the recovery of any video or WhatsApp messages during investigation. Learned counsel for the complainant opposed the bail application, submitting that the investigating officer had failed to collect the incriminating material. 6. On due consideration of the fact that the applicant has no criminal antecedents, prima facie improvements are apparent at every stage in the prosecution case, and there is a lack of corroborative material such as medical evidence, this Court finds that the applicant, who is in custody since 01.07.2025, is entitled to be enlarged on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Ankit @ Bobby involved in Case Crime No. 384/2025, Under Sections 123, 64, 351(3) and 308(2), Bhartiya Nyay Sanhita 2023 Police Station - Bangarmau, District - Unnao, 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 BAIL No. 8982 of 2025 2 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 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 IPC (now Section 209 of BNS). 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 24, 2025 R.C. BAIL No. 8982 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench