HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12090 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. None appears for the complainant, although the notice to the complainant is served. Heard Shri Salman Abbas, learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the minor daughter of the informant aged about 14 years went to school on 2.10.2024 at about 06.00 am. It is alleged that the applicant enticed her away on his motorcycle to Fatehpur and raped her and thereafter, she left her in the village. The victim is alleged to have stated the incident to her sister-in-law (bhabhi) and the informant's wife. Learned counsel for the applicant submits that the applicant is innocent. The victim while giving her statements under Sections 180 and 183 BNSS has stated that she on her own accord went away with the applicant on his motorcycle. He submits that the victim has been examined before the trial court as PW-1 and she has not made any allegation of rape against the applicant. Besides, the medico legal examination of the victim does not corroborate the prosecution case. As per radiological examination, the victim is stated to be 17 years old. Versus Counsel for Applicant(s) : Mukesh Kumar Tewari, Dinesh Kr. Sharma, Salman Abbas, Shambhavi Puri, Syd Shaheen Fatma, Syed Waqar Husain Counsel for Opposite Party(s) : G.A. Aijiz @ Mohd. Aijaz .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) It is further submitted that the applicant has no criminal history and he is languishing in jail since 3.10.2024. 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, the statements of the victim recorded under Sections 180 and 183 BNSS so also the fact that there is lack of corroborative medical evidence in support of the prosecution case; the victim herself has not supported the prosecution case while giving her statement before the trial court as PW-1; there appears to be no chance of tampering the prosecution evidence coupled with the fact that t he applicant has no criminal history; he is languishing in jail since 3.10.2024 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- Aijiz @ Mohd. Aijaz involved in Case Crime No. 642 of 2024, under Section 65(1) of B.N.S. & Section 3/4(2) of POCSO Act, Police Station- Mohammadpur Khala, District- Barabanki, 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 BAIL No. 12090 of 2024 2 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. September 8, 2025 Shravan BAIL No. 12090 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench