Neutral Citation No. - 2025:AHC-LKO:46861 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11536 of 2024 Applicant :- Anuruddha Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Secy. Lko. And 3 Others Counsel for Applicant :- Sudhaker Prakash,Amit Bhardwaj,Mohd. Shahid Akhtar,Pankaj Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. Learned A.G.A. on the basis of written instructions submits that notices to the complainant is served. None appears for the complainant. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.426 of 2024, under Sections 65(1), 115(2), 352, 351(3) BNS and Sections 3/4(2) POCSO Act, P.S. Rewsa, District Sitapur. In the prosecution case it is alleged that on 10.08.2024 while the complainant's minor daughter aged about 14 years was alone at home she was enticed away by Reena Rastogi, Anuruddha Gupta and Kishorilal then she was locked with Anuruddha Gupta in a a room where she remained locked for one and half hours and was raped. Learned counsel for the applicant submits that statement of P.W.1 who is the mother of the victim has been taken before the trial court. In her statement she has stated that victim was major at the time of incident. Till date, victim has not been examined before the trial court although applicant is in jail since 19.09.2024. During cross-examination she has admitted that she has filed the case on account of enmity. Applicant has no prior criminal history. Charge-sheet in the case has been filed. Victim in her statement under Section 183 BNSS has made improvement and has not supported the prosecution case and has denied the incident. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 19.09.2024, contradictory statements of the victim under Sections 180 & 183 BNSS, statement of P.W.1 before the court, till date victim has not been examined, mother of the victim has refused to submit the victim for medical examination, applicant has no criminal history and without expressing any opinion on 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 Anuruddha Gupta be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 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 Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS). Order Date :- 11.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench