Neutral Citation No. - 2025:AHC-LKO:19051 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2878 of 2025 Applicant :- Siraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Salman Abbas,Syed Waqar Husain Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Salman Abbas, learned counsel for the applicant, Shri Akhilesh Kumar Vyas, learned A.G.A.-I for the State, Ms. Shahnaz Bano, the learned counsel for the informant/victim and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.153 of 2024, under Sections 64(1), 137(2), 351(3) B.N.S. & 3/4 P.O.C.S.O. Act registered at Police Station- Sujauli, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.11.2024 against the applicant and two unknown persons, alleging that the applicant is related to the informant and he used to visit her house often. He had prepared an obscene video of the informant's daughter and under threat of spreading the obscene video virally, the applicant compelled the informant's daughter to go out with him at about 11:45 PM on 31.10.2024 while he was accompanied by two unknown persons. They took her to the river side where the applicant raped her while one of the person accompanying him was standing with a weapon and the other person was preparing the video. Thereafter, the accused persons dropped her back at about 02:00 AM on 01.11.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she supported the F.I.R. version. 5. The medico-legal examination report mentions no mark of injury or sign of use of force and the pathological examination report mentions that no spermatozoa- dead or alive, was seen. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 8. Learned A.G.A.-I as well as the learned counsel for the informant have vehemently opposed the bail application. 9. The learned A.G.A.-I has produced the relevant extract of case diary for perusal of the court and he has drawn attention of the Court to the statement of the eye-witness Akhtari, who stated that she had seen that the victim was not on her bed in the night. She had told about it to her husband who started looking after the victim at nearby places. A white car came after 12:00 in the night and the applicant dropped the victim from that car. The applicant was alone at that time. She further stated that initially pressure was put on the applicant for marrying the victim but when he did not marry her, the FIR was lodged. 10. The investigation stands concluded and a charge-sheet has been submitted on 24.01.2025. As per the birth certificate, date of birth of the victim is 23.04.2007. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the victim has alleged commission of rape and preparation of obscene video, the allegation of rape is not supported by any findings of the medico-legal examination report and no obscene video could be recovered during investigation, that the independent witness has stated that the FIR has been lodged after the applicant declined to marry the victim and that the applicant is a young man having no criminal history and he is languishing in jail 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. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Siraj 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 :- 5.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench