HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11752 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the FIR, it is alleged that on 26.05.2024 at about 7:00 a.m., while the informant’s minor daughter, aged about 16 years, was at home, she was enticed away by some unknown persons. 3. Learned counsel for the applicant submits that in her statement under Section 161 Cr.P.C., the victim did not make any allegation of rape against the applicant. However, in her subsequent statement under Section 164 Cr.P.C., she made improvements and levelled a general allegation of gang rape against two persons, including the applicant. It is further submitted that the co-accused, Hemant, has not been charge-sheeted by the Investigating Officer, whereas, on the same set of evidence, a charge sheet has been filed against the applicant. 4. It is also argued that upon medical examination of the prosecutrix, no internal or external injuries were found. She was, however, found to be six weeks pregnant, which was prior to the alleged incident, as she had voluntarily returned home on 17.06.2024. Moreover, no DNA test etc. has been conducted by the prosecution. The applicant has no connection with the alleged offence and is in custody since 11.08.2024 without any criminal antecedents. Versus Counsel for Applicant(s) : Ajeet Kumar Singh, Amar Nath Dubey, Ankit Dubey, Smriti Counsel for Opposite Party(s) : G.A. Shyam Singh @ Shyamu Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Lucknow And Others .....Opposite Party(s) 5. It is further submitted that 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. 6. Learned AGA has opposed the bail application, submitting that while the radiological age of the victim was assessed as 17 years, the school records indicate her age as 16 years. 7. On due consideration to the facts that the applicant has no criminal antecedents, is in custody since 11.08.2024, the charge sheet has already been filed, the victim’s statements under Sections 161 and 164 Cr.P.C. are contradictory, no corroborative injuries were found during medical examination, and no supporting scientific material has been produced, I am of the view that it is a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Shyam Singh @ Shyamu Singh involved in Case Crime No. 168/2024, under Section: 363, 366, 376(1), 506 I.P.C. 3(2)(5) S.C./S.T. Act & 5(J)(2)/6 of POCSO Act, Police Station - Harpalpur, District - Hardoi, 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. BAIL No. 11752 of 2024 2 (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 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 IPC (now Section 209 of BNS). 10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 1, 2025 R.C. BAIL No. 11752 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench