HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12445 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, complainant's counsel, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the accused applicant Vipin Singh gave a phone call to the victim and offered a movie song and proposed to arrange meeting with Director. On 28.8.2024 at about 8.00p.m., she reached Matiyara Chauraha where the said persons came on scorpio and took her to office Royal Construction and on return he took vehicle on Barabanki Highway and made two co-accused persons to sit inside the vehicle who made her smell something, whereafter she was gang raped. 3.Learned counsel for the applicant submits that the applicant is innocent. Although allegation of gang rape has been levelled against the applicant and two co-accused persons, however, during medical examination, no corroborative injury to support the allegation of rape has been found by the doctor. Injury of nose and lip of the victim is attributed to the co- accused Vinam Singh who has been granted bail by a coordinate Bench of this court vide order dated 23.1.2025 passed in bail No.11520 of 2024. Another co-accused Himanshu Kumar has also been granted bail by this court in bail No.5816 of 2025. Role of all the three accused persons is similar. The applicant has no previous criminal history. The victim is Versus Counsel for Applicant(s) : Ambrish Kumar Dwivedi, Abhishek Dwivedi, Hashita Dwivedi, Indu Prakash Singh, Shyam Kinkar Pandey Counsel for Opposite Party(s) : G.A., Akhil Kumar Singh, Mukesh Kumar Tewari, Sachin Kumar Pandey Vipin Singh .....Applicant(s) State Of U.P. Thru. Prin. Sectt. Home Lko. And Another .....Opposite Party(s) major. The applicant is in jail since 3.9.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the co-accused, named above, have been granted bail, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail on parity. 6.Let the applicant Vipin Singh involved in Case Crime No.410 of 2024 under sections 123, 70(1), 115(2) BNS, P.S. Chinhat, 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 BAIL No. 12445 of 2024 2 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 I.P.C. (now 269 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly, on parity ground. September 1, 2025 kkb/ BAIL No. 12445 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench