Neutral Citation No. - 2025:AHC-LKO:47065 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11855 of 2024 Applicant :- Ankit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And 3 Others Counsel for Applicant :- Manish Mani Sharma,Aditya Prakash,Anshul Verma,Mohammad Sabir,Smriti Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State who has stated that notice to respondent No.2 has been served, and perused the record. 2.It is alleged in the prosecution case that daughter of the informant has been trapped by the co-accused Suraj in his love relationship on the pretext of marriage. He has impregnated her. Presently, the victim is five months pregnant. 3.Learned counsel for the applicant submits that neither in the first information report nor in her statement under section 180 BNSS, the accused applicant is named. The allegation is on the co-accused Suraj. Name of the applicant has surfaced for the first time in the statement of the victim under section 183 BNSS. The applicant has been falsely implicated. The victim is major as per radio-logical examination and as per school record she is 17 years and 10 months old. It is submitted that the applicant's false implication is to wreck vengeance as in a prior case instituted by mother of the applicant against the complainant's son Vinod under POCSO Act, he has been convicted vide order dated 3.6.2024 filed as Annexure No.RA-1 to the rejoinder affidavit. After one month of conviction, this first information report came to be lodged. In the medical examination, no internal injury has been seen at the time of examination. The applicant has no previous criminal history. The applicant is in jail since 31.8.2024. 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 the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail and submitted that pregnancy in the UP test has been confirmed. The victim has been found to be pregnant of 33 weeks and two days. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the victim is major, order of conviction of Vinod, improvement made by the victim under section 183 BNSS, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Ankit Kumar, involved in Case Crime No.211 of 2024 under sections 376D I.P.C., 5(J)(2)/6 POCSO Act, 3(2)(V) SC & ST Act, P.S. Makhi, district Unnao 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 under Section 229-A I.P.C. (now 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 12.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench