HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11982 of 2024 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. In the prosecution case, it is alleged that on 07.07.2024 at about 6 A.M, the complainant/injured went from her home to Gonda and there while she was giving fodder to her buffalo and cow, the named accused persons started hurling abuses and when she resisted, they started beating her. In the meantime, the applicant kicked on her abdomen, due to which heavy bleeding occurred and her pregnancy got terminated. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant is languishing in jail since 31.08.2024. The applicant has explained criminal history of one case in para-11 of the affidavit filed along with the bail application. Three prosecution witness of fact have been examined, the victim has been declared hostile. There is no possibility of the applicant 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. 4. Learned A.G.A. has opposed the prayer for bail and has submitted that as per the medical report, the complainant sustained 6 injuries and injury no. 6 is grievous in nature and the statement of the doctor corroborates with the prosecution case. 5. On due consideration to the submissions advanced, perusal of the record, the fact that three prosecution witness of fact have been examined, the victim who has been examined before the trial court has been declared hostile; the fact that the applicant has explained criminal history of one case in para-11 of Versus Counsel for Applicant(s) : Raghunath Prasad, A.Z. Siddiqui, Pawan Kumar Singh, Prateek Tewari, Savitri Arya Counsel for Opposite Party(s) : G.A. Rakesh Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) the bail application as also the fact that the applicant is languishing in jail since 31.08.2024 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. 6. Accordingly, the bail application is allowed. 7. Let the applicant- Rakesh Yadav involved in Case Crime No. 347 of 2024, under Sections 115, 352, 351(3), 92 B.N.S, Police Station- Bilgram, 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. October 13, 2025 DiVYa BAIL No. 11982 of 2024 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench