HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10746 of 2026 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Sanjay Singh, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This second bail application under Section 483 of B.N.S.S. has been filed by the applicant- Wali Ahmad alias Waliyat, seeking enlargement on bail during trial in connection with Case Crime No.59 of 2025, under Section(s) 333, 352, 64, 351(3) B.N.S., registered at P.S.- Kemri, District- Rampur. 4. The first bail application of the applicant being Criminal Misc. Bail Application No.19004 of 2025 was rejected by this Court vide order dated 18.8.2025. 5. Learned counsel for the applicant has produced before the Court the statement of Narayan Singh, Special Educator, who has been examined as P.W.1 before the trial court concerned, which is taken on record. 6. Learned counsel for the applicant submits that the first informant/victim was examined before the trial court as P.W.-2 who has not supported the prosecution case and has been declared hostile. It is further submitted that Smt. Nafees Jahan the mother of the victim, was examined before the trial court as P.W.-3 who has also not supported the prosecution case and has been declared hostile. The statement of the victim has placed before the Court which is annexure no. 11 to the affidavit in support of this bail application whereas the statement of Smt. Nafees Jahan/P.W.-3 has been placed before the Court which is annexure no. S.A.-1 to the supplementary affidavit dated 13.5.2026. It is submitted that the victim/first informant while being examined in the court has totally disowned the prosecution case and has stated that the accused had taken some money from her father and on asking for the same, he Versus Counsel for Applicant(s) : Sanjay Singh Counsel for Opposite Party(s) : G.A. Wali Ahmad Alias Waliyat .....Applicant(s) State of U.P. .....Opposite Party(s) misbehaved and refused to give money. She states that she is married and lives with her husband. It is submitted that looking to the said fact and also the fact that the victim has given her statement after the trial court took the help of Special Educator and was satisfied that after putting her some general questions, the prosecution case is false case due to enmity between the parties. It is submitted that the victim was opined to be aged about 20 years of age as per certificate dated 25.4.2025 of the C.M.O. concerned but even otherwise, the First Information Report mentions that she is aged about 28 years. It is submitted that in either of the situations the victim/first informant was a major woman. It is argued that the applicant has no other criminal antecedents as stated in para-24 of the affidavit and is in jail since 30.4.2025. 7. Per contra, learned State counsel opposed the prayer for bail. 8. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is a major woman. She was examined before the trial court as P.W.-2 who has not supported the prosecution case and has been declared hostile. She has totally disowned the prosecution version. Her mother was examined as P.W.-3 who has also not supported the prosecution case and has been declared hostile. The victim states that she is a married woman and is living with her husband. 9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 10. Let the applicant- Wali Ahmad alias Waliyat, 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) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner BAIL No. 10746 of 2026 2 whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if 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 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 12. The bail application is allowed. 13. Pending application(s), if any, shall stand disposed of. September 30, 2026 Naresh BAIL No. 10746 of 2026 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad