Neutral Citation No. - 2025:AHC-LKO:16141 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2279 of 2025 Applicant :- Sudhakar Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pradeep Kumar Shukla, the learned counsel for the applicant, Sri Ashok Srivastava, learned A.G.A. for the State and Sri Dilip Kumar Pathak, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 224 of 2022, under Sections 376, 328, 504, 506, 420 I.P.C., registered at Police Station Paraspur, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.08.2022 alleging that the applicant has a school and he had told the informant that it will become a government school and the informant will become a government teacher. Believing this statement the informant started working in the school since the year 2007. The informant paid Rs.26,00,000/- to the applicant for making certain construction in the school. She was not paid any salary. The applicant called her to the school on 14.08.2022, offered her some water laced with some intoxicating substance and thereafter he raped her. 4. In the statements of the informant recorded under Sections 161 & 164 Cr.P.C. she reiterated the F.I.R. version. 5. In the affidavit filed in support of the bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. In para 29 of the affidavit filed in support of the application the applicant's involvement in two criminal cases has been disclosed, in both of which he has been granted bail. The applicant's involvement in two more cases has been disclosed by filing a supplementary affidavit, in one of which the applicant's name was not included in the charge sheet and in other case final report has been submitted. 6. The learned A.G.A. as well as the learned counsel for the informant have opposed the prayer for bail. The learned counsel for the informant has submitted that the applicant had earlier filed Criminal Misc. Anticipatory Bail Application No.1860 of 2023, which has been rejected by this court by means of an order dated 02.08.2024 on the ground that proceedings under Sections 82/83 Cr.p.C. had been initiated against the applicant. He has further submitted that the applicant has not cooperated in the judicial process and therefore he is not entitled to be released on bail. 7. The learned counsel for the informant sought adjournment of hearing to enable him to file a counter affidavit but as the applicant has already annexed copies of material with the bail application, it is not proper to adjourn hearing of the application. The learned A.G.A. has received instructions and complete record is available with him. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegations levelled in the F.I.R. that the informant is working in the applicant's school since the year 2007 without any salary, rather she has herself paid Rs.26,00,000/- to her employer, which allegation prima facie appears to be highly unnatural and improbable; that although the incident allegedly took place on 14.08.2022, but the F.I.R. was lodged on 31.08.2022 and that the informant declined to undergo medical examination coupled with the fact that the applicant is languishing in jail since 20.01.2025 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-Sudhakar Pandey 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 :- 20.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench