Neutral Citation No. - 2025:AHC-LKO:16892 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2501 of 2025 Applicant :- Ankit Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dhirendra Pratap Singh, learned counsel for the applicant, Sri Alok Kumar Tiwari, 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. 463 of 2024, under Sections 78/ 127(2)/ 115(2) /352 / 64(1) B.N.S. (Sections 354D/342/323/504/376 I.P.C.), registered at Police Station Unchahar, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.12.2024 against the applicant, Govind and Shubham stating that the informant's daughter had gone to attend the call of nature in a toilet constructed by NTPS at Gokna Ghat. The applicant also entered the toilet and closed the door from inside. When the informant's daughter raised hue and cry the informant's son reached there and when the applicant did not open the door the informant's son broke open the door. The co-accused persons also reached there and all the accused persons beaten up the informant's son causing internal injuries to him. It is recorded in the case diary that the informant had gone to lodge the F.I.R. along with her daughter. She stated that her son who had got injured in the incident had not come with her and he will come for medical examination later on. 4. The statements of the informant and the victim were recorded and both of them reiterated the F.I.R. version. As per educational record age of the victim is 18 years and 10 months. In the medico legal examination report of the victim no external injury has been reported and no mark of injury or sign of use of force has been found. In the pathological examination report no spermatozoa has been reported. In the statement of the victim recorded under Section 183 BNSS she has alleged commission of rape by the applicant. 5. In the affidavit filed in support of bail application it has been stated that the applicant is 22 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. 6. The learned A.G.A. has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and therefore a charge sheet has been submitted on 16.02.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim had accompanied the informant to the police station for lodging the F.I.R. and she did not allege commission of rape at that time; that the allegation of commission of rape is not there in the statements of the informant and the victim recorded under Section 180 BNSS and it is not supported by any finding of medico legal examination report; that the allegation of rape has been levelled for the first time in the statement recorded under Section 183 BNSS and in that statement she also stated that her brother had gone with her for lodging the F.I.R. whereas it is recorded in the case diary that the informant had stated that the victim's brother had not come to the police station at the time of lodging of F.I.R., which is a serious discrepancy in the statement of the victim recorded under Section 183 B.N.S. coupled with the fact that the applicant has no previous criminal history the applicant himself has surrendered to custody on 06.02.2025 and that the applicant has no previous criminal history 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-Ankit 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 25.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench