Shivam Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

In the prosecution case, it is alleged that on 19.11.2024, while the informant went away from home, the victim was alone at home. In the night at around 11.00 pm, the applicant came inside the house and molested her.

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Learned counsel for the applicant submits that the applicant is innocent. The victim in her statement under Section 180 BNSS has made an allegation of molestation against the applicant. While giving her statement under Section 183 BNSS, for the first time an allegation of rape has been made against the applicant. He submits that there is lack of corroborative medical evidence. The victim has been examined before the trial court as PW-1, but she herself has not supported the prosecution case during cross.

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It is further submitted that the applicant has no criminal history and he is languishing in jail since 9.12.2024. There is no possibility of the applicant of 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

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BAIL No. 1625 of 2025

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bail.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the submissions advanced, perusal of the record, the improvement made by the victim in her statements under Sections 180 and 183 BNSS so also the fact that there is lack of corroborative medical evidence; the PW-1 i.e., the victim herself has not supported the prosecution case during cross examination; there appears to be no chance of tampering the prosecution evidence coupled with the fact that the applicant has no criminal history; he is languishing in jail since 9.12.2024 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.

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Accordingly, the bail application is allowed .

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Let the applicant- Shivam involved in Case Crime No. 242 of 2024, under Sections 333, 74, 352, 351(2), 64 of B.N.S. & Section 3/4 of POCSO Act, Police Station- Sohramau, District- Unnao, 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:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(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.

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(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.

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BAIL No. 1625 of 2025

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(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.

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(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.

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(Karunesh Singh Pawar,J.)

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September 8, 2025

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Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shivam v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

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Shivam v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

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