Neutral Citation No. - 2025:AHC-LKO:16652 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2445 of 2025 Applicant :- Ramesh Kumar @ Dr. Ramesh Opposite Party :- State Of U.P. Thru. Prin. Sectt. Deptt. Lko And Another Counsel for Applicant :- Ram Achal Gupta,Harsh Mohan,Prateek Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ram Achal Gupta, learned counsel for the applicant as well as Sri Ashok 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. 231 of 2024, under Sections 376 and 506 I.P.C., registered at Police Station- Namisharan, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.12.2024 on the basis of an application filed under Section 156 (3) Cr.P.C. against the applicant and his unnamed compounder, alleging that the informant was unwell and had gone to the applicant's clinic at about 06.00 PM on 13.04.2024. The applicant gave her some medicine and administered an injection whereafter, the informant felt intoxicated and she lied down on a bench. When she regained normalcy, it was late in the night. The applicant and the compounder were present in the clinic and the applicant asked her to stay in the clinic for the night. The applicant and the compounder raped the informant during the night. She went away in the morning. 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. 5. The medico legal examination of the victim was conducted on 13.02.2025 wherein she reported her age to be 40 years. She stated that after the applicant had administered an injection, she had fallen unconscious. The findings of medico legal examination report do not contain anything which may, prima facie, establish commission of rape. 6. Although, the victim has alleged commission of rape in her statements recorded under Sections 180 and 183 BNSS, some independent witnesses examined by the Investigating Officer have stated that the applicant runs his clinic alone, no compounder is employed in his clinic and no such incident took place as has been alleged by the informant. 7. The learned A.G.A. has opposed the prayer for bail of the applicant and has also submitted that the charge sheet has been submitted after investigation. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that that the applicant has no previous criminal history and he is languishing in jail since 17.02.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Ramesh Kumar @ Dr. Ramesh 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