Neutral Citation No. - 2025:AHC-LKO:16132 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2273 of 2025 Applicant :- Akadshi Opposite Party :- State Of U.P. Thru. Prin Secy. Home Lko. And Another Counsel for Applicant :- Bipin Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Bipin Kumar Tiwari, the learned counsel for the applicant, Sri Anshuman Verma, the 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. 342 of 2024, under Sections 376, 506 I.P.C., registered at Police Station Tarun, District Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.12.2024 on the basis of an application under Section 175 (3) BNSS alleging that the informant had got married to one Arjun about eight years ago. The applicant is son of the maternal uncle of the informant's husband. He had raped the informant about four years ago. Thereafter he said that he would marry the informant and under this allurement he raped the informant on several occasions. A daughter was borne because of rape committed by the applicant and upon coming to know about it, the informant's husband left her. The applicant had raped the informant lastly in the month of February, 2024 but thereafter he declined to marry her. 4. In the statement of the informant recorded under Section 180 BNSS she reiterated the F.I.R. version. The medico legal examination of the informant was conducted and it is recorded therein that samples have been sent for DNA examination and report thereof is awaited. 5. In the statement of the informant recorded under Section 183 BNSS, she stated that a daughter was born on 21.08.2021 because of physical relations made by the applicant. Her husband came to know about it when her daughter was 3-4 months old. Thereafter, her husband had returned and he had again visited her house about 6-7 months ago. She had obtained divorce in panchayat. 6. 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. 7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the F.I.R. averment the informant is married for the past 8 years, she repetitively made physical relations with the applicant during past 4 years; that although the informant claimed that the applicant made physical relations under the allurement of marrying her, she was already a married woman and therefore it was not permissible for the applicant to marry her; that the applicant has no previous criminal history and he is languishing in jail since 05.01.2025 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-Akadshi 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