Neutral Citation No. - 2025:AHC-LKO:47109 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11860 of 2024 Applicant :- Sukhram Yadav @ Nanku Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 28.8.2024, the victim aged about 55 years has been found in an injured condition at a distance of 50 metres from the house. The informant has raised suspicion alleging that someone has raped her. Learned counsel for the applicant submits that the applicant is innocent. He is not named in the FIR. It is submitted that two alleged eye-witnesses namely, Kamla Devi and Kabutra Devi in their statement under Section 180 BNSS have stated that near the injured/victim, the applicant was standing and he was having bloodstains on his clothes. He next submits that these two eye-witnesses have been examined before the trial court as PW-2 and PW-3 and both of them have been declared hostile. Except this, there is no other evidence against the applicant. All the three fact witnesses i.e., PW-1, PW-2 and PW-3 have been examined and no other witness of fact is left to be examined. It is further submitted that the applicant has explained the criminal history of one case in the supplementary affidavit. He is languishing in jail since 30.8.2024. 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. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant is not named in the FIR; all the three witnesses of fact i.e., PW-1, PW-2 and PW-3 have been examined; both PW-2 and PW-3, the alleged eye- witnesses have been declared hostile as they have not supported the prosecution case; the applicant has duly explained the criminal history; he is languishing in jail since 30.8.2024 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- Sukhram Yadav @ Nanku involved in Case Crime No. 330 of 2024, under Section 64 of B.N.S., Police Station- Fakharpur, 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 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 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. Order Date :- 12.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench