HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9502 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. 2. In the prosecution case, it was alleged that the informant’s daughter, aged about 16 years, was in a relationship with the applicant and on 19.07.2025 at about 4:00 p.m., while she had gone for a walk and reached Barabanki, the applicant allegedly committed rape upon her and threatened to kill her. 3. Learned counsel for the applicant submits that the victim in her statement under Section 180 BNSS has admitted that she had been in a love relationship with the applicant for the last two years. In her subsequent statement under Section 183 BNSS, she further clarified that she had entered into physical relationship with the applicant with her consent on several occasions, and both of them wished to marry, though her parents were not agreeable. 4. As per the ossification test conducted by the medical board, the victim was found to be about 18 years old, whereas the school records indicate her age as 15 years, 6 months, and 18 days. There is also no corroborative medical evidence supporting the allegation of rape. 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. Versus Counsel for Applicant(s) : Virendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Sameer .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) 6. Learned AGA has opposed the bail application on the ground that the victim is a minor. 7. Considering the victim’s own admissions regarding consensual relations, the medical opinion suggesting she is a major, the absence of medical corroboration, and the fact that the applicant is in custody since 23.07.2025 without any criminal antecedents, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Sameer involved in Crime No. 209/2025, U/S-65(1), 351(2) Bhartiya Nyay Sanhita and section 3/4(2) Protection of Children from Sexual Offences Act, 2012 Police Station-Jahagirabad, District-Barabanki, 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 BAIL No. 9502 of 2025 2 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). 10. 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 26, 2025 R.C. BAIL No. 9502 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench