HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11375 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that on 19.8.2024 at about 08.00 pm, while the victim was going outside the village for defecation, the applicant caught hold of her and raped her behind the hospital. After that, the applicant left her at a lonely place in the night while extending threats. Learned counsel for the applicant submits that the applicant is innocent. Although the victim has levelled allegations against the applicant while giving her statements under Sections 180 and 183 BNSS, but there is no corroborative medical evidence in support of the prosecution case. There are no external or internal injuries found on the person of the victim. She is major aged about 23 years. Besides, the statement of the victim recorded under Sections 180 and 183 BNSS suffers from improvements. It is further submitted that the applicant has explained the criminal history of one case in para no. 24 of the bail application. He is languishing in jail since 12.9.2024. 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. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant. Versus Counsel for Applicant(s) : Vinod Kumar Singh, Ajahar Husain, Shahid Salam Counsel for Opposite Party(s) : G.A., Mohd.Mateen Islam @ Chinku .....Applicant(s) State Of U.P. Thru. Secy. (Home) U.P. Lko. .....Opposite Party(s) It is not disputed at the bar that till date, not even a single prosecution witness has been examined before the trial court. On due consideration to the submissions advanced, perusal of the record, the statements of the victim recorded under Sections 180 and 183 BNSS, lack of corroborative medical evidence so also the fact that the applicant has duly explained the criminal history; he is languishing in jail since 12.9.2024; till date, not even a single prosecution witness has been examined before the trial court 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- Islam @ Chinku involved in Case Crime No. 212 of 2024, under Sections 64(2), 115(2), 351(3) of B.N.S., Police Station- Pachpedwa, District- Balrampur, 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. BAIL No. 11375 of 2024 2 (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. August 28, 2025 Shravan BAIL No. 11375 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench