Neutral Citation No. - 2025:AHC:85884 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5822 of 2025 Applicant :- Vishal Kumar Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manvendra Narain Pathak,R.K.Paramhans Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this application under Section 483 of BNSS, applicant Vishal Kumar Patel, who is involved in Case Crime No. 143 of 2023, under Sections 323, 504, 506, 376D, 34 IPC, Section 5/6 POCSO Act and Section 3(2)5 SC/ST Act, police station Bankata, district Deoria seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, victim got a first information report of this case lodged on 22.08.2023 with regard to incident which took place on 20.08.2023 under Sections 323, 324, 504, 506, 376D IPC against Vishal Kumar Patel, Ashraf Nat, Rinku Nat and Bhunwar Kumar making allegation inter alia of rape on her by the accused persons. Main substratum of arguments of learned counsel for the applicant is that statement of the victim has been recorded as PW-2 on 18.10.2024, in which she has not made allegation of rape against any of the accused, therefore, after her examination-in-chief and in part of cross-examination, she has been declared hostile. On the strength of aforesaid facts, it is also argued that in the light of the statement of the victim recorded before the trial court, there is bleak chance of conviction of the applicant, who is languishing in jail since 25.08.2023. It is also pointed out that the case of the applicant stands on identical footing to that of co-accused Rinku Nut @ Riku Nut, who has been granted bail by this Court vide order dated 19.05.2025 in Criminal Misc. Bail Application No. 3839 of 2024, a copy of said order has been produced by learned counsel for the applicant, which is taken on record. Hence, the applicant is also entitled for bail on the ground of parity. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State does not dispute the above factual aspect of the matter as argued on behalf of the applicant. He further submits that though in the first information report and in the statement recorded during investigation, the victim has made allegation of rape but she did not make any allegation of rape before the trial court, therefore, possibility of winning over of the victim from the side of the accused cannot be ruled out. Having heard learned counsel for the parties and examined the matter in its entirety, I find that the victim has not made allegation of rape against the applicant and co-accused Rinku Nut @ Riku Nut. I also find that co-accused Rinku Nut @ Riku Nut under similar accusation has been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant Vishal Kumar Patel be released on bail in the aforesaid case crime number on 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 21.5.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad