Neutral Citation No. - 2025:AHC-LKO:16677 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2464 of 2025 Applicant :- Prashant Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Alok Kumar Singh,Ayush Singh Gaur Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Alok Kumar Singh, learned counsel for the applicant as well as Ms. Shikha Sinha, 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. 444 of 2024, under Sections 376/ 328/ 386/ 504/ 506/ 452 I.P.C., registered at Police Station- Pasgawan, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.10.2024 against the applicant, his father, his mother and his brother, stating that the informant is a married woman, on 10.05.2024, the applicant made her consumed a cold drink mixed with some intoxicated substance, due to which she fell unconscious and the applicant raped her. He committed the misdeed on several occasions and he blackmailed her and extracted Rs.67,000/- and various articles of jewellery. When the informant told about it to her mother-in-law and she complained about this, all the accused persons threatened and abused her. In the statement of the victim recorded under Section 180 BNSS, she supported the FIR allegations and she added the allegation of preparation of an obscene video. The medico legal examination report of the informant does not mention any sign of use of force. In the statement of the informant recorded under Section 183 BNSS, she stated that the applicant had raped her and the co-accused Aryan has video- graphed the incident and the applicant repetitively raped her on the strength of that video. She levelled several other allegations also, which were not here either in the FIR, nor in her initial statements. 4. In the affidavit filed in support of bail application it has been stated that the applicant is cousin of the informant's husband, a property dispute is going on between the two families, regarding which a suit is pending in the Court of Tehsildar, Mohammadi. 5. The learned A.G.A. has opposed the prayer for bail application on the basis of written instructions provided to her. However, the instructions do no contain any material recovered during investigation, which may support the allegation of preparation of an obscene video. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the litigation regarding property dispute is going on between the families of the informant and the applicant, which fact has been concealed by the informant while lodging the FIR and giving her statements; that the informant has also not disclosed the relationship between her and the applicant; that the allegation of rape has not been supported by any findings of the medico legal examination report and the allegation of preparation of obscene video has not been supported by any material collected during investigation; although, the investigation stands concluded and the charge sheet has been submitted on 21.12.2024; that the applicant has no previous criminal history and he is languishing in jail since 08.11.2024 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Prashant Mishra 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 Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench