HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9530 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State as well as Shri Shashank Agnihotri, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. 2. This is the applicant’s second bail application. The first bail application was allowed, and the applicant is presently seeking bail in Case Crime No. 0180 of 2025, under Section 98 BNS (added section), Police Station Godamba, District Lucknow. 3. In the prosecution case, it is alleged that the complainant, married for 13 years with two children and currently unemployed due to illness, sustains his family from the rent of a house gifted by his father-in-law. His daughter, acquainted with her friend Muskan, was sent to Muskan's sister Rahnuma's house to assist her during pregnancy for Rs.3,000 per month. Later, Rahnuma's husband's friend Aslam and his female companion Nancy rented part of the complainant's house. It is alleged that Aslam took the prosecutrix to Rahnuma's house, where, in Nancy's absence, he committed sexual acts upon her after administering an intoxicating substance, and, along with Nancy, threatened to make her photographs and videos viral if she resisted. On falling ill, the prosecutrix disclosed the incidents to the complainant. 4. Learned counsel for the applicant submits that the applicant is a lady and has been falsely implicated. She was earlier granted bail vide order dated 15.09.2025 in Criminal Misc. Bail Application No. 6158 of 2025, under Versus Counsel for Applicant(s) : Sushil Kumar Misra Counsel for Opposite Party(s) : G.A. Nansi Rawat .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Sections 65(1), 351(2), 123, and 61(2) of the BNS. It is contended that the present bail application arises only due to the addition of Section 98 BNS while filing charge sheet. The applicant has no previous criminal history. 5. It is further submitted that 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. 6. Learned AGA and learned counsel for the complainant have opposed the bail application. The complainant’s counsel contends that the applicant is the main conspirator and therefore, his bail application is liable to be rejected. 7. Considering that the co-accused, Sufian @ Ilu, has already been granted bail in respect of the added Section 98 BNS vide order dated 14.08.2025 in Criminal Misc. Bail Application No. 7604 of 2025, coupled with the statements of the victim recorded under Sections 180 and 183 BNSS and the nature of allegations against the applicant, I am of the view that this is a fit case for granting bail to the applicant. 8. Accordingly, the bail application is allowed. 9. Let the applicant Nansi Rawat involved in the aforementioned crime number 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 BAIL No. 9530 of 2025 2 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 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 IPC (now Section 209 of BNS). 10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 7, 2025 R.C. BAIL No. 9530 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench