Neutral Citation No. - 2025:AHC-LKO:46550 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12494 of 2024 Applicant :- Shanu @ Atisham Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Govt. Of U.P. Lko And Another Counsel for Applicant :- Mritunjay Kumar Trivedi,Dinesh Kumar,Jitendra Kumar Tiwari,Krishna Prakash Singh,Rahul Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. At the very outset, learned counsel for the applicant submits that inadvertently, he could not comply the order dated 9.12.2024 passed by the Court. Accordingly, learned counsel for the applicant is permitted to make necessary compliance of the aforesaid order during course of the day. Learned counsel for the applicant submits that the victim is major and a consenting party aged about 23 years at the time of incident. The victim herself made a video of the applicant and kept on pressurizing him. Allegation in the prosecution case that the video was made by the accused in order to blackmail is false as no charge-sheet under the I.T. Act has been filed. He next submits that the victim has refused to undergo medico legal examination. The victim has improved the version of the prosecution in her statements under Sections 161 and 164 CrPC. It is further submitted that the applicant has no criminal history and he is languishing in jail since 14.9.2024. 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 161 and 164 CrPC so also the fact that the applicant has no criminal history; he is languishing in jail since 14.9.2024; charge-sheet in the case has already been filed 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- Shanu @ Atisham Ahmad involved in Case Crime No. 249 of 2024, under Sections 506, 376 IPC, Police Station- Hazratganj, District- Lucknow, 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 :- 8.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench