Neutral Citation No. - 2025:AHC-LKO:45442 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12289 of 2024 Applicant :- Arman @ Mohd. Arman Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. Counsel for Applicant :- Lakshmana Singh,Harsh Vardhan Kediya,Kirti Raj Singh,Nadeem Murtaza,Vijay Kumar Asthana Counsel for Opposite Party :- G.A.,Sarvesh Kumar Pandey Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.06 of 2021, under Sections 302, 120-B I.P.C., P.S. Maharua, District Ambedkar Nagar. In the prosecution case it is alleged that complainant who is a divorcee and later on married with one Wasim Ahmad who is presently residing in Karnataka and the complainant is residing in Lucknow. Due to request of her mother, she went to Unnao to live in her parental home. On 06.05.2024 at about 10 o'clock her mother went to Orissa and at about 1 o'clock on the same day Arman came along with his wife and children and dispute regarding partition took place in the night around 11 o'clock. He came along with Arman, his wife Khushnabi and ex-husband of the complainant Shafiq Ahmad. It is alleged that Khushnabi caught hold and gagged the complainant and other two co- accused persons namely, Arman and Shafiq raped her. Learned counsel for the applicant submits that F.I.R. has been lodged after delay of five months. Victim is a married lady. Applicant is the real brother of the victim. The deponent of the bail application is mother of the victim although the Investigating Officer has not taken the statement of the mother of the victim. No corroborative material has been found in the medico legal examination of the victim. Applicant has explained the criminal in paragraph 14 of the bail application. Applicant is in jail since 17.10.2024. It is not disputed at bar that charges have not been framed yet and trial has not commenced. 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 17.10.2024, trial has not commenced and the applicant has explained the criminal history so also the judgment passed in Javed Gulam Nabi Shaikh vs. State of Maharashtra and another : Criminal Appeal No.2787 of 2024 and 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 Arman @ Mohd. Arman 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 Panel Code (now Section 269 of BNS). (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 of the Indian Panel Code (now Section 209 BNS). Order Date :- 5.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench