Neutral Citation No. - 2025:AHC-LKO:16444 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 800 of 2025 Applicant :- Ishtiyaq Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Shashank Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shashank Shukla, learned counsel for the applicant, Shri Arvind Kumar Pandey, 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.777 of 2024, under Section 64 B.N.S. and 3/4 P.O.C.S.O. Act registered at Police Station- Kotwali Nagar, District- Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.10.2024 against the applicant and his brother, stating that the accused persons dragged the informant's grand-daughter inside their home in the evening of 08.10.2024 and raped her. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant had raped her but his brother did not commit any misdeed. In the medico-legal examination report, no mark of injury or sign of use of force is reported. In the pathological examination report, no living or dead spermatozoa was seen. As per the radio-logical examination report, age of the victim was opined to be between 18 and 19 years. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that an unknown person had pulled her inside his shop and committed the misdeed but she did not know the name of those persons. 4. The State has filed a counter affidavit annexing therewith copies of the material collected during investigation as well as the copy of the charge-sheet dated 20.11.2024. 5. A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of the statement recorded by the trial Court wherein she stated that some person had taken her inside the dilapidated building and committed the misdeed but it was not the applicant. 6. Learned A.G.A. has stated that the information of the present application has been delivered to the informant through police. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in one statement the victim told the place of incident to be a house, in the second statement she said that it was a shop and before the trial Court she stated it was a dilapidated building and that she has categorically stated before the trial Court that the applicant was not involved in commission of the offence, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Ishtiyaq be released on bail in the aforementioned 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. . [Subhash Vidyarthi, J.] Order Date :- 21.3.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench