HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9740 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Shri Dinesh Kumar, Advocate, has filed his vakalatnama on behalf of the complainant, which is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A for the State. 3. In the prosecution case, it is alleged that co-accused Lavkush has committed rape upon the daughter of the complainant, three months back. To save the prestige of the family, the complainant had not lodged the F.I.R earlier. 4. Learned counsel for the applicant submits that in the statement of the victim, it has not been stated by her that she was operated in the hospital run by the applicant. Except the statement of the father of the victim, no other material has been found against the applicant. It is further submitted that co- accused Lavkush used to visit the medical store of the applicant, so the complainant suspected that Lavkush might have taken some medicine for aborting the pregnancy of her daughter. The name of the applicant has surfaced in the confessional statement of the co-accused. 5. He further submits that the applicant is not a doctor and has no role in the abortion of the victim. 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. 6. Learned A.G.A and learned counsel for the complainant opposed the prayer for bail, but they could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Upon a query made by the court, they could not Versus Counsel for Applicant(s) : Ripu Daman Shahi, Dinesh Kr. Chaudhary Counsel for Opposite Party(s) : G.A. Awadhesh Pathak .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) show any evidence from the record regarding the arguments advanced by them. 7. Considering the submissions/arguments advanced by the parties, the fact that the applicant has no previous criminal history and he is languishing in jail since 21.08.2025; the fact that the investigation in the case is going on; considering the statement of the victim under Section 183 B.N.S.S, this Court finds it to be a fit case for granting bail to the applicant. 8. Accordingly, the bail application is allowed. 9. Let the applicant Awadhesh Pathak, involved in Case Crime/FIR No. 93 of 2025, Under Section- 92 B.N.S., Police Station- Gaura Chauraha, District- Balrampur, 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 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 BAIL No. 9740 of 2025 2 present bail application and shall have no bearing on the merits of the trial. October 14, 2025 DiVYa BAIL No. 9740 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench