Neutral Citation No. - 2025:AHC-LKO:17023 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1733 of 2025 Applicant :- Shiva Pasi @ Ankit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sudhir Kumar Misra,Atul Kumar Singh,Gaurav Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohit Upadhyay, holding brief of Sri Sudhir Kumar Misra, the learned counsel for the applicant, Sri Anshuman Verma, learned AGA for the State and perused the records. 2. The informant and the prosecutrix have been produced by Sub Inspector Sageer Muhammad and Lady Constable Ms. Annu Chauhan of Police Station Kadipur, District Sultanpur in compliance of the previous order dated 28.02.2025. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0365/2023, under Sections 366, 328, 376, 323, 506 IPC, Police Station Kadipur, District Sultanpur. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.07.2023 alleging that the applicant had enticed away the informant's daughter at about 04:00 a.m. on 28.06.2023. 5. In the statement of the victim recorded under Section 161 Cr.P.C., she alleged that the applicant had forcibly taken her away to Dehradun and he had raped her. Somehow she managed to make a phone call to her father whereupon her father brought her back. In the medico legal examination report of the victim, no visible external injury has been reported and the victim declined to undergo internal medico legal examination. In the statement of the victim recorded under Section 164 Cr.P.C., the victim alleged that the applicant had administered some intoxicating substance to her. She also stated that the applicant had assaulted on her hand with a knife and had raped her. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 21 years and he has no criminal history and he has been falsely implicated in the present case. Two photographs have been annexed with the bail application in which the victim is shown to have married the applicant in presence of her father. 7. The informant has denied having married the applicant and she has stated that she has married some other person and is living with her husband. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has alleged commission of rape by the applicant, she declined to undergo medico legal examination; her allegation of having been assaulted by the applicant with a knife on her hand is also not supported by the medico legal examination report, which mentions no visible mark of injury on any part of her body and that the applicant is a young man aged 21 years having no criminal history and he is languishing in jail since 12.12.2024, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Shiva Pasi @ Ankit 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 :- 25.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench