Neutral Citation No. - 2025:AHC-LKO:17635 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2609 of 2025 Applicant :- Satyapal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dharm Trivedi,Ram Kripal Mishra Counsel for Opposite Party :- G.A.,Surya Prakash Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Dharm Trivedi, learned counsel for the applicant, Shri Satendra Srivastava, learned A.G.A. for the State, Shri Surya Prakash, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0038 of 2025, under Sections 64, 352, 351(3), 333 B.N.S. registered at Police Station- Khamariya, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.01.2025 at 19:14 hours against the applicant and his father Chhotkann @ Balgovind Loniya alleging that when the informant's wife aged about 24 years had gone out of her home to attend the call of nature at 06:30 AM on 26.01.2025, the applicant entered a sugarcane field, pulled the leg of the informant's wife, molested her and raped her. The informant's wife raised a hue and cry whereupon the applicant ran away while abusing and threatening her. After returning home, the informant's wife told him about the incident and when the informant went to complain about the incident to the accused person's house, both the accused persons surrounded the informant's house, entered his house and abused and threatened him. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 24 years, she has three children, when she had gone to attend the call of nature at about 06:00 AM on 26.01.2025, the applicant forcibly dragged her inside a sugarcane field and raped her. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that the applicant had pushed her in a sugarcane field and raped her. He was carrying a Gandasi used in cutting sugarcane and he threatened her. After coming back, the victim had gone to the applicant's home and told the applicant's father about the incident whereafter all members of the applicant's family entered her house. She stated that at that time, she was alone at her home. Her children had gone to school and her husband is a cook in Rehua Chawki and he had gone there. In response to a specific query, the victim stated that when she had gone to the applicant's home, he was not there. 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 A.G.A. has opposed the bail application and on the basis of written instructions, he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 09.02.2025. 8. Shri Surya Prakash, the learned counsel for the informant has also opposed the bail application and he has submitted that after the incident, the accused persons are threatening the informant and the victim. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place at about 06:30 AM on 26.01.2025 and the F.I.R. has been lodged on 27.01.2025 at 19:14 hours; the informant works in the police chawki itself as per the statement of the victim given under Section 183 B.N.S.S.; although the informant had alleged that the clothes of the victim had been torn away in the incident, there is no mention of any torn clothes having been given to the Investigating Officer during investigation; that the allegation of rape is not supported by the findings of medico- legal examination report, which mentions no mark of injury or sign of use of force on any part of the victim's body; the informant has stated that when the victim came home and told him about the incident, he had gone to the house of the applicant whereas the victim has stated that she had gone to the applicant's house for complaining about the incident alone; that prior to the statement of the victim recorded under Section 183 B.N.S.S., neither the informant nor the victim had disclosed that the informant works in the police chawki and that the applicant has no criminal history and he is languishing in jail since 02.02.2025 whereas the investigation already stands concluded, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Satyapal 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. 12. The Court is observing in numerous matters that F.I.R.s are lodged alleging that the offence took place when the victim had gone to attend the call of nature outside the home. The Government has launched various Public Welfare Schemes like Pradhan Mantri Swachh Bharat Yojana for construction of Toilets in rural as well as urban areas and financial aid has been provided to eligible persons to ensure that toilets are constructed in all the houses. In spite of a huge amount of public money having been spent on the Welfare Schemes launched by the Government for construction of toilets in all the houses, numerous F.I.R.s are lodged alleging commission of offence while the victims go out of their own to attend the call of nature. 13. Taking the present case as a representative case, a direction is issued to the District Magistrate, Lakhimpur Kheri to make enquiries whether the informant/victims have a toilet in their house and whether they have obtained any Government assistance for construction of a toilet. The District Magistrate shall be at liberty to take suitable action in this regard as per outcome of the report. . [Subhash Vidyarthi, J.] Order Date :- 27.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench