Neutral Citation No. - 2025:AHC-LKO:16984 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2515 of 2025 Applicant :- Siddharth Kumar Gautam Opposite Party :- The State Of U.P. Thru. Its Addl. Chief/Prin. Secy. Home Lko. Counsel for Applicant :- Suryansh Singh Suryavanshi,Alina Masoodi,Snigdha Singh,Wali Nawaz Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Wali Nawaz Khan and Shri Suryansh Singh Suryavanshi, the learned counsel for the applicant, Shri Ashok Srivastava, learned A.G.A. for the State, Shri Krishna Gopal, learned counsel who has put in appearance on behalf of the informant by filing a vakalatnama, which is taken on record and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.1172 of 2024, under Sections 69, 352, 351(3) B.N.S. registered at Police Station- Kotwali Nagar, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.12.2024 stating that the applicant had repetitively raped the informant for the past five years under allurement of marrying her and thereafter, she came to know on 20.12.2024 that the applicant is marrying some other person. The informant alleged that the applicant has threatened her on the strength of some obscene video. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 26 years, she had married the applicant in Court in the year 2020 and she was living with the applicant as his wife and the applicant had stated that he will perform a wedding ceremony as per social customs also. However, there was no physical relation between the two for the past six months and the applicant has started denying the marriage for the past one year. In response to a specific question, the informant stated that she has no document related to Court marriage. A similar statement was given by the informant during her medico-legal examination. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she knows the applicant for the past five years, both of them love each other and the applicant made physical relations with her under allurement of marrying her. She did not said anything about her marriage with the applicant. 6. In the affidavit filed in support of the 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. 7. Learned AGA as well as the learned counsel for the informant have vehemently opposed the bail application and they have stated that an FIR No.28 of 2025 has been lodged in Police Station- Kotwali, District- Barabanki for offences under Sections 333, 324 (4), 352, 351(3) B.N.S. However, a perusal of the said FIR, a copy whereof has been provided by the learned A.G.A., the said FIR has already been annexed as Annexure No.10 to the affidavit filed in support of the application, shows that the applicant is not as an accused in this FIR. Learned AGA has further submitted that the investigation stands completed and a charge-sheet has been submitted on 18.02.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is a matured woman aged 26 years; although she alleged that she had married the applicant in Court five years ago, she further stated that she does not have any document and she did not make any statement regarding marriage in her statement under Section 183 B.N.S.S.; that except for the statement of the informant, there is no other material to establish the guilt of the applicant, that the applicant has no criminal history, he is in jail since 13.02.2025 although the charge-sheet has already been submitted, 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- Siddharth Kumar Gautam 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 Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench