Neutral Citation No. - 2025:AHC-LKO:16949 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2509 of 2025 Applicant :- Ahmad Nishat Tayyabi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko Counsel for Applicant :- Shahbaz Khan,Ashok Kumar Shukla,Mohd. Waqar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shahbaz Khan, learned counsel for the applicant, Shri Diwaker Singh, 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.45 of 2025, under Sections 69, 75(2), 351(3) B.N.S. registered at Police Station- Thakurganj, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.01.2025 wherein the informant, whose year of birth is 1986, stated that the applicant entered her clinic at about 08:50 AM and 09:00 AM on 09.12.2024 and inserted his finger in her vagina. She further alleged that the applicant had threatened her and her children. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she used to collect pathology samples since the year 2017. At one occasion, the applicant had raped her after administering some intoxicating substance with tea and thereafter he promised to marry her. She further stated that Rs.1.5 lakhs is due to be paid by the applicant to her towards sample collection. The allegation of commission of rape has not been supported during medico-legal examination of the informant. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she supported her allegations. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is 54 years old person, he has been falsely implicated in the present case and he has no criminal history. 6. Learned AGA has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 12.02.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is a married lady aged 39 years having children and the applicant is a 54 years old person; that the informant has not stated anything about the marital status of the applicant or about her own marital status and there is nothing on record which indicates that the marriage of the applicant with the informant is possible; that although the informant has alleged commission of rape by insertion of finger into her vagina, she has also stated that there is some monetary dispute between the parties coupled with the fact that the investigation already stands concluded, the applicant has no criminal history and he is languishing in jail since 03.02.2025, 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- Ahmad Nishat Tayyabi be released on bail in the aforementioned 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 :- 25.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench