HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7865 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 61 of 2025, under Sections- 64, 74, 333 B.N.S., Police Station- Aliganj, District- Ambedkar Nagar. 3. While pressing the instant application, learned counsel for the applicant stated that the applicant is innocent and he has falsely been implicated in the present case and he is having no previous criminal antecedents. 4. It is further stated that as per the FIR in issue i.e. FIR No. 0061/2021 lodged on 16.03.2025 by the informant/Balak Ram (father of victim) making allegations therein so as to attract the offences as indicated under Section 74, 333 B.N.S. at Police Station- Aliganj, District- Ambedkar Nagar, the applicant in the night of 15.03.2025 at about 9.30 P.M. entered the house of the informant and tried to outrage the modesty of his daughter. 5. It is further stated that after lodging of the aforesaid FIR, the applicant was apprehended and sent to jail and he is languishing in jail since 09.06.2025. 6. Further submission is that the statement of informant/Balak Ram (PW-1) has already been recorded before the the court concerned and a perusal of his statement, annexed as Annexure No. 1 to the short counter affidavit filed by Sri Saurab Mishra, Advocate who appeared for the side opposite in the Court today which is taken on record, would indicate that he has been declared hostile by the trial court. 7. It is submitted that considering aforesaid, the applicant is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. 8. Learned A.G.A. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel including that informant/Balak Versus Counsel for Applicant(s) : Ankur Kumar Panday, Priyanka Singh Counsel for Opposite Party(s) : G.A. Shashi Kant @ Tarzon .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Ram (PW-1) has been declared hostile by the trial court. 9. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the fact that informant/Balak Ram (PW-1) has been declared hostile by the trial court and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 10. Let the applicant- Shashi Kant @ Tarzon be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties (one of family member) each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 11. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 12. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. December 1, 2025 Arun/- BAIL No. 7865 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench