Neutral Citation No. - 2025:AHC-LKO:34211 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12091 of 2024 Applicant :- Ashraf Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And 3 Others Counsel for Applicant :- Bhanu Pratap Singh,Naved Alam,Prateek Mishra 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 and learned A.G.A. for the State as well as perused the record. None appears for the complainant although notices are served. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.462 of 2024, under Sections 137(2), 352, 351(3), 65 BNS and Section 3/4(2) of the POCSO Act and Sections 3(2)va, 3(1)D, 3(2)V of the SC/ST Act, P.S. Kotwali Nanpara, District Bahraich. Learned counsel for applicant submits that statement of the victim under Section 183 BNSS suffers from improvement as no allegation has been made by her regarding rape in her statement under Section 180 BNS. He submits that victim before the court has not supported the prosecution story. The complainant has also not supported the prosecution story. There is no corroborative evidence in the medical report of the victim. The applicant has no criminal history however, he is in jail since 22.09.2024. 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 22.09.2024 having no criminal history, statement of the victim before the court, lack of corroborative evidence, 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 Ashraf 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 Penal Code. (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. 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 Penal Code. Order Date :- 2.6.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench