HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9075 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. In the prosecution case, it is alleged that on 18.04.2025 at around 11:00 p.m., due to prior enmity, the applicant entered the victim’s house, molested her, and, upon her raising an alarm, threatened her. 4. Learned counsel for the applicant submits that he has been falsely implicated. The occurrence is stated to have taken place on 18.04.2025, whereas the FIR was lodged only on 14.05.2025, after a delay of several days, without any explanation for the delay or reason for lodging FIR and falsely implicating the applicant. It is further submitted that, pursuant to an application filed by the same victim, the applicant along with three others was challaned under Sections 170, 126, and 135 BNSS on 20.04.2025. Allegedly, it is due to this, the FIR was subsequently registered, depicting an incident prior to 20.04.2025. 5. Learned counsel for the applicant also submits that improvements were made in the victim’s statement under Section 180 BNSS. Allegations were made against four accused, including the applicant, and in her statement under Section 183 BNSS, further improvements were made, assigning the act of rape to the applicant. The victim has refused to undergo a medical Versus Counsel for Applicant(s) : Nripendra Mishra Counsel for Opposite Party(s) : G.A. Shankar @ Ram Shankar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) examination. The applicant is in custody since 13.07.2025 and has no criminal antecedents. 6. 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. 7. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 8. On due consideration of the chalani report filed along with the supplementary affidavit, the improvements in the prosecution case at every stage, the victim’s refusal to undergo medical examination, and the delay of 28 days in lodging the FIR, coupled with the fact that the applicant is in jail since 29.05.2025 without any criminal antecedents, this Court finds it to be a fit case for granting bail to the applicant. 9. Accordingly, the bail application is allowed. 10. Let the applicant Shankar @ Ram Shankar involved in Case Crime NO.: 71/2025, U/S: 70(1), 76, 352, 351(3),333 B.N.S., Police Station: Nawabganj, District :Bahraich, 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 BAIL No. 9075 of 2025 2 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 24, 2025 R.C. BAIL No. 9075 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench