HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8965 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned AGA and Shri Sushil Kumar Singh, learned Advocate who has filed vakalatnama on behalf of the complainant. 2. A supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. In the prosecution case, it is alleged that on 07.05.2025 at about 2:00 p.m., the accused entered the house of the victim and committed rape upon her. When she tried to resist, he allegedly threatened to kill her husband and children. It is further alleged that on several earlier occasions also, the accused had subjected her to rape and physical assault. 4. Learned counsel for the applicant submits that in her statement under Section 180 BNSS, the victim made material improvements, and the date of the alleged offence mentioned in the FIR has not been specified. It is pointed out that the victim has admitted her relationship with the applicant. She also refused to undergo medico-legal examination. While giving her statement under Section 183 BNSS, further improvements were made, but even then, she admitted to having a relationship with the applicant for the last one year. It is further submitted that the victim is a major, a married woman, and mother of two children. The applicant has also explained his criminal history in the supplementary affidavit. Versus Counsel for Applicant(s) : Avanindra Singh Parihar, Avanish Kumar Singh, Maitreyee Singh Counsel for Opposite Party(s) : G.A., Sushil Kumar Singh Omkar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Lko. .....Opposite Party(s) 5. It is further submitted that 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. 6. Learned AGA and learned counsel for the complainant have opposed the bail application, submitting that although the victim refused to undergo medico-legal examination, one medical examination with respect to the injuries on her face has been conducted, wherein two simple injuries were found: one abrasion on the right side of her face and one contusion on the left side. 7. In rebuttal, learned counsel for the applicant submits that the victim was a consenting party and the injuries noted are self-inflicted. 8. Considering the improvements made by the victim in her statements at different stages, her refusal to undergo medico-legal examination, the fact that she is a married woman, her admission of relationship with the applicant in her statements under Sections 180 and 183 BNSS, the filing of the charge- sheet, and the fact that the applicant is in custody since 17.05.2025 without any criminal antecedents, I find it to be a fit case for granting bail to the applicant. 9. Accordingly, the bail application is allowed. 10. Let the applicant Omkar involved in Case Crime No.120 of 2025, Under Sections-64 (1), 333, 352, 351 (3), 76, 332 (b), 115 (2) of B.N.S. 2023, Police Station- Nagram, 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. BAIL No. 8965 of 2025 2 (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 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). 11. 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 22, 2025 R.C. BAIL No. 8965 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench