HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9158 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Notice on the complainant has been served as per the instructions of the learned A.G.A., however no one has appeared for the complainant. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.137 of 2025 under Section 64, 351(3), 352 BNS, Police Station Rampurkalan, District Sitapur. In the prosecution case, it is alleged that on 06.03.2025 at about 11:00 p.m., while the informant was not at home, the accused came and, by showing a weapon, committed rape upon the informant. It is further alleged that on the alarm being raised, several persons from the village arrived at the spot. Learned counsel for the applicant submits that it is a case of false implication. The application under Section 173(3) BNS has been filed after a delay of one month from the date of the incident. The victim has made improvements at every stage of the prosecution case in the FIR as well as her statements under Sections 180 and 183 BNSS. There is lack of corroborative evidence such as medico-legal examination report etc.. The applicant has no criminal antecedents and the charge-sheet has already been filed. The applicant is in jail since 7.6.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case Versus Counsel for Applicant(s) : Ram Asarey Verma Counsel for Opposite Party(s) : G.A. Pankaj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home. Sectt. Lko. .....Opposite Party(s) the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the improvements made by the victim at every stage of the prosecution case; the lack of corroborative material in support thereof; the fact that the applicant has no criminal antecedents; the delay of approximately one month in filing the application under Section 173(3) BNSS; the applicant being in jail since 07.06.2025; charge-sheet having been filed in the matter 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. Let the applicant Pankaj be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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. 9158 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 under Section 229-A of the IPC (now Section 269 BNS). (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 of the IPC (now Section 209 BNS). September 23, 2025 Madhu D.R/P.S BAIL No. 9158 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench