HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12238 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. None appears for the complainant. 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 4.8.2024 at 02.30 pm in the noon, the informant was not at home. When the minor daughter of the informant aged about 11 years went to ease herself in the field, the accused started molesting her. The victim raised alarm. One Ramjivan saw this incident. Learned counsel for the applicant submits that the applicant is innocent. There are contradictions in the statements of the victim recorded under Sections 180 and 183 BNSS. He submits that the medico legal examination of the victim does not corroborate the prosecution case. It is submitted that two witnesses i.e., the PW-1 and the PW-2 have been examined before the trial court. The PW-2 has not supported the prosecution case during cross examination. Since the victim has been examined, there is no chance of tampering the prosecution evidence. It is further submitted that the applicant has no criminal history and he is languishing in jail since 4.9.2024. There is no possibility of the applicant of Versus Counsel for Applicant(s) : Chandra Bhushan, Anurag Singh Counsel for Opposite Party(s) : G.A., Dhananjay Trivedi Balram .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) 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, lack of corroborative medical evidence in support of the prosecution case so also the fact that the PW-1 and the PW-2 have been examined before the trial court; the victim herself has not supported the prosecution case during cross examination; there appears to be no chance of tampering the prosecution evidence coupled with the fact that the applicant has no criminal history; he is languishing in jail since 4.9.2024 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- Balram involved in Case Crime No. 366 of 2024, under Section 65(2) of B.N.S. & Section 5M/6 of POCSO Act, Police Station- Laharpur, District- Sitapur, 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 BAIL No. 12238 of 2024 2 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 19, 2025 Shravan BAIL No. 12238 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench