Neutral Citation No. - 2025:AHC-LKO:17978 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2668 of 2025 Applicant :- Mukesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Case called out in the revised list. No one is present on behalf of the applicant and no request for adjournment of the case has been made. However, as the question of personal liberty of the applicant is involved in the present case, I have heard Sri Anurag Verma, the learned A.G.A.-I 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. 305 of 2024, under Sections 333, 74, 64, 351(3) B.N.S., registered at Police Station Rajesultanpur, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.10.2024 stating that when the informant had gone out to urinate at about 1.00 a.m. on 17.10.2024, the applicant entered the informant's house and molested her. Her sister in law and mother in law woke up, they called the applicant's father, whereupon the applicant went away with his father. The medico legal examination of the applicant as well as the informant were conducted on 23.10.2024 and no mark of injury was found on any part of their body. 4. In the affidavit filed in support of 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. In the statement of the informant recorded under Section 180 B.N.S.S. she reiterated the F.I.R. version. In the statement of the informant recorded under Section 183 B.N.S.S. she stated that the applicant had raped her on previous occasions also and he used to threaten to virally spread her obscene video. The informant's husband stated that the applicant used to harass the victim by sending messages on her mobile phone. 5. The learned A.G.A.-I has opposed the prayer for bail and he has submitted that the applicant has been caught on the spot which was victim's house, in the midst of night. The victim as well as her husband have supported the prosecution version. He has also submitted that the allegations have been established during investigation and a charge sheet has been submitted in the case. Therefore, the applicant is not entitled to be released on bail. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 17.10.2024 and although the victim was caught on the spot, the F.I.R. has been lodged on 23.10.2024 and there is no explanation for this delay; that the allegation of use of force is not supported by the findings of medico legal examination report and no material has come to light during investigation to support the allegation of harassment by sending messages on the mobile phone of the victim levelled in the statement of her husband; that the applicant has no previous criminal history and he is languishing in jail since 25.10.2024 and the investigation already stands concluded 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Mukesh Kumar 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 :- 1.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench