Neutral Citation No. - 2025:AHC-LKO:16672 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2461 of 2025 Applicant :- Ankit Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. Counsel for Applicant :- Ram Mohan Mishra,Sanat Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Lalit Kumar Tiwari, learned Advocate holding brief for Sri Ram Mohan Mishra, learned counsel for the applicant as well as Sri Satendra 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. 334 of 2024, under Sections 74, 352, 70(1) B.N.S. registered at Police Station- Madho Ganj, District- Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged at 16.42 hrs on 03.10.2024 against the applicant and one Abhi, stating that the informant's daughter-in-law had gone to a jungle to attend the call of nature at about 08.00 PM on 30.09.2024. The applicant turned back the informant's daughter-in-law with evil intention with the assistance of co- accused Abhi. 4. In her statement recorded under Section 180 B.N.S.S., the victim stated that she is aged 20 years and the applicant had raped her while the co-accused stood nearby watching the incident. The victim hit him and ran away. She told about the incident to her family members. In the medico legal examination report of the victim, no mark of injury or sign of use of force has been found. In the statement of the victim recorded under Section 183 B.N.S.S., she repeated her earlier version. 5. 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. 6. Co-accused Abhi has been granted bail by means of an order dated 04.02.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No. 1029 of 2025. 7. The learned A.G.A. has opposed the prayer for bail on the basis of written instructions provided to him. A copy of the relevant extract of the case diary has been provided to the learned A.G.A., which does not contain any pathological examination report of the vaginal smears collected during medical examination. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim is a 20 years old married lady and although, she claims to have been raped by the applicant and to have told about the incident to her family members, the F.I.R. has been lodged by her father-in-law and there is no mention of commission of rape in the F.I.R., that the allegation of commission of rape is not supported by any finding of the medico legal examination report or the pathological examination report; that the co-accused of the case has already been granted bail; that the applicant has no previous criminal history and he is languishing in jail since 20.10.2024, whereas the charge sheet has already been submitted on 28.11.2024 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Ankit 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. (Subhash Vidyarthi, J.) Order Date :- 24.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench