Neutral Citation No. - 2025:AHC-LKO:47104 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12332 of 2024 Applicant :- Arbaz Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Bhagwati Prasad Nigam,Anurag 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. In the prosecution case, it is alleged that while the victim was admitted on 18.5.2024 at the JNU Hospital and was being treated due to falling from the roof, she was already pregnant. Again bleeding started on 29.5.2024. In the sonography, she was found pregnant, then her family members came to know. It is further alleged that the elder sister of the victim got married on 17.4.2024. She came home on 1/2.5.2024 at Jaipur. In the meantime, she used to meet the applicant and she is bearing the child of the applicant. Learned counsel for the applicant submits that the applicant is innocent. In the medico legal examination of the victim, no definite opinion was given by the doctor regarding sexual assault. No external or internal injury was found. He next submits that in the statement under Section 161 CrPC, the victim has alleged that on 2.4.2024, she was raped by the applicant. In the statement under 164 CrPC, she has made an improvement. Although an allegation of rape was made against the applicant. However, during trial, PW-1 victim and PW-2 father of the victim have been examined before the trial court and both of them have been declared hostile as they have not supported the prosecution case. Furthermore, there is lack of corroborative evidence. No scientific investigation for the pregnancy has been done by the prosecution to connect the foetus with the present applicant. It is further submitted that the applicant has no criminal history and he is languishing in jail since 18.8.2024. 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, statements of the victim recorded under Sections 161 and 164 CrPC, medico legal examination so also the fact that no scientific examination has been conducted in this case; as per radiology examination, the victim has been stated to be 19 years old; there is lack of corroborative evidence; PW-1 victim and PW-2 father of the victim have been declared hostile coupled with the fact that the applicant has no criminal history; he is languishing in jail since 18.8.2024 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. Accordingly, the bail application is allowed. Let the applicant- Arbaz involved in Case Crime No. 387 of 2024, under Sections 376(2)(N)(L) I.P.C. & Section 5(J)(M)/6 of POCSO Act, Police Station- Kotwali Dehat, District- Hardoi, 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 :- 12.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench