High Court · 2025

3.Learned counsel for the applicant submits that admitted case of the prosecution is that the victim was in relationship with the accused applicant for a long time. In her statement under section 180 BNSS, it is alleged that on 12.6.2024, the victim went along with the applicant to Lucknow by train. The victim has alleged allegation of rape. While giving statement under section 183 BNSS, the victim has made improvement and both, the date of incident and place, have been changed. This time, it is alleged that on 14.4.2024, the applicant asked her to go to Mumbai. He stayed at her house all night. There was no one at home. On 15.4.2024, they went by train to Lucknow. There allegation of rape has been levelled. It is submitted that the allegation of making obscene video and photograph and its making viral have been found false by the investigation report of the investigating officer which has been filed as Annexure No.4 to the bail application which depicts that the victim has refused to give any evidence regarding her obscene photograph(s) and video. Learned counsel has also drawn attention of the court towards statement of the victim contained in Annexure No.8 to the bail applciation where she herself has admitted that no photograph or video of her was made viral. It is submitted that no corroborative material has been found in the medical report. Radiological age of the victim has been found to be 18 years. The applicant has no previous criminal history. The applicant is in jail since 24.2.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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. and complainant's counsel who has filed vakalatnama for the complainant opposed the prayer for bail. Learned counsel for the complainant submits that forged marriage card was prepared by the applicant with the victim which was not in the knowledge of the complainant. He further submits that by forging signatures of the mother of the victim, compromise is said to have been entered.

5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, contradictory statements of the victim under sections 180 and 183 BNSS, improvement made by her, lack of corroborative material, the fact that no obscene video or photograph has been made viral prima facie falsifies the prosecution case in the first information report, the victim is major as per radiological examination, charge sheet has been filed, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

6.Let the applicant Alsher Ali, involved in Case Crime No. 06 of 2025 under sections 363, 366, 376, 504, 506 I.P.C., 3/4 POCSO Act, P.S. Kunda, district Pratapgarh, 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 under Section 229-A I.P.C. (now 269 BNS) (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 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 I.P.C. (now 209 BNS).

7.The application is allowed accordingly. Order Date :- 12.8.2025 kkb/ KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

3.Learned counsel for the applicant submits that admitted case of the prosecution is that the victim was in relationship with the accused applicant for a long time. In her statement under section 180 BNSS, it is alleged that on 12.6.2024, the victim went along with the applicant to Lucknow by train. The victim has alleged allegation of rape. While giving statement under section 183 BNSS, the victim has made improvement and both, the date of incident and place, have been changed. This time, it is alleged that on 14.4.2024, the applicant asked her to go to Mumbai. He stayed at her house all night. There was no one at home. On 15.4.2024, they went by train to Lucknow. There allegation of rape has been levelled. It is submitted that the allegation of making obscene video and photograph and its making viral have been found false by the investigation report of the investigating officer which has been filed as Annexure No.4 to the bail application which depicts that the victim has refused to give any evidence regarding her obscene photograph(s) and video. Learned counsel has also drawn attention of the court towards statement of the victim contained in Annexure No.8 to the bail applciation where she herself has admitted that no photograph or video of her was made viral. It is submitted that no corroborative material has been found in the medical report. Radiological age of the victim has been found to be 18 years. The applicant has no previous criminal history. The applicant is in jail since 24.2.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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. and complainant's counsel who has filed vakalatnama for the complainant opposed the prayer for bail. Learned counsel for the complainant submits that forged marriage card was prepared by the applicant with the victim which was not in the knowledge of the complainant. He further submits that by forging signatures of the mother of the victim, compromise is said to have been entered.

5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, contradictory statements of the victim under sections 180 and 183 BNSS, improvement made by her, lack of corroborative material, the fact that no obscene video or photograph has been made viral prima facie falsifies the prosecution case in the first information report, the victim is major as per radiological examination, charge sheet has been filed, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

6.Let the applicant Alsher Ali, involved in Case Crime No. 06 of 2025 under sections 363, 366, 376, 504, 506 I.P.C., 3/4 POCSO Act, P.S. Kunda, district Pratapgarh, 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 under Section 229-A I.P.C. (now 269 BNS) (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 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 I.P.C. (now 209 BNS).

7.The application is allowed accordingly. Order Date :- 12.8.2025 kkb/ KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench