Neutral Citation No. - 2025:AHC-LKO:15842 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 440 of 2025 Applicant :- Pankaj Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Mohd. Shahid Akhtar,Pankaj Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Divya Prakash, Advocate holding brief of Sri Mohd. Shahid Akhtar, learned counsel for the applicant, Sri Alok Kumar Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 293 of 2024, under Sections 64, 74, 333, 351 (2) B.N.S., registered at Police Station Sursa, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.08.2024 stating that the informant is a married woman aged about 23 years. The applicant entered her home at about 8.00 a.m. on 23.08.2024 and started molesting her. When the informant objected the applicant escaped. In the statement of the victim recorded under Section 180 BNSS she reiterated the F.I.R. allegations. In response to a specific question she stated that besides molesting her the applicant had not committed any other misdeed. In the medico legal examination report of the victim no mark of injury or use of force has been found. In the statement of the victim recorded under Section 183 BNSS she alleged commission of rape by the applicant. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The State has filed a counter affidavit annexing therewith the copy of forensic science examination report, wherein no blood or spermatozoa has been found. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. has been lodged after a delay of one week and there is no explanation for the delay; that the allegation of rape has not been levelled either in the F.I.R. or in the statement of the victim recorded under Section 180 BNSS and it has been levelled in her statement recorded under Section 183 BNSS; that the allegation of rape is not supported by the medico legal examination report or the forensic science laboratory's report; that the applicant has no previous criminal history and he is languishing in jail since 19.09.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Pankaj be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 19.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench