Neutral Citation No. - 2025:AHC-LKO:16379 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2408 of 2025 Applicant :- Shivsaran Yadav @ Shiv Saran Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Anil Kumar Yadav,Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anil Kumar Yadav, learned counsel for the applicant, Ms. Shikha Sinha, the learned A.G.A. for the State and Sri Durgendra Kumar Tiwari, the learned counsel 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. 21 of 2025, under Sections 64, 333, 115 (2), 351 (2) B.N.S., registered at Police Station Badosarai, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.01.2025 alleging that the informant used to talk to the applicant for the past four years and he used to visit her home. The applicant committed the misdeeds on several occasions. He entered the informant's home at about 11.00 p.m. on 11.01.2025 and raped her by threatening her. Upon her resistance the applicant had beaten her up. When she cried her husband who was lying down in the outer room came there where upon the applicant went away while threatening them. 4. 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. A copy of statement of the informant recorded under Section 180 has been annexed with the supplementary affidavit she stated that she is aged about 30 years. She has been talking to the applicant for the past four years and the applicant has committed the misdeeds against her on 3-4 occasions. Lastly the applicant forced himself on her at about 11.00 p.m. on 11.01.2025. She cried and her husband came there. The medico legal examination report mentions that the informant has five children, the eldest of whom is a 16 years old son and the youngest of one is a 5 years old son. No mark of injury or sign of use of force was found on the body of informant during the medico legal examination. The pathological examination report also does not reveal anything which may support the F.I.R. allegations. No spermatozoa or gonococci have been found in the vaginal smear of the victim. 5. In the statement of the informant recorded under Section 183 BNSS she reiterated her earlier version. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is a 30 years old woman having five children, the eldest of whom is aged about 16 years; that the informant herself stated that she was in a relationship with the applicant for the past four years; she alleged commission of rape inside her house while she was not alone and her husband was also present and the allegation of rape is not supported by any other material except for the statement of the informant; that the applicant has no previous criminal history and he is languishing in jail since 25.02.2025 and charge sheet has already been submitted on 27.02.2025 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Shivsaran Yadav @ Shiv Saran 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 :- 21.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench