Neutral Citation No. - 2025:AHC-LKO:18347 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2716 of 2025 Applicant :- Gurpreet Singh @ Sonu Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Sinha,Ram Chandra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Second supplementary affidavit has been filed by learned counsel for the applicant. 2. Heard Sri Arun Sinha, learned counsel for the applicant and Sri Satendra Srivastava, learned A.G.A. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 522 of 2024, under Sections 70(1), B.N.S. (376-D IPC), 352 B.N.S. (504 I.P.C.) and Section 351(3) B.N.S. (506 I.P.C.), registered at Police Station Colonelganj, District Gonda. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.12.2024 against the applicant and two unknown persons, in furtherance of an application under Section 173(4), B.N.S.S. filed on 24.10.2024/11.11.2024 stating that when the informant had gone to attend the call of nature near a pond situated behind her house, the accused persons raped her. 5. The informant stated that she had given an application to the Police, but no action was taken thereon. The Magistrate had called for a report upon the application filed under Section 170- B(4), B.N.S.S., in response to which the police reported that the informant and his mother-in-law had put up a Gumti (small makeshift shop) in front of the informant's house, due to which some altercation had taken place between the parties on 23.10.2024. On a complaint made by the applicant, the shop had been removed from the passage by Nagar Palika. Proceedings under Section 126, 135(3), B.N.S.S. were initiated against both the parties for ensuring maintenance of peace. 6. In the affidavit filed in support of the application it has been stated that applicant is innocent. He has been falsely implicated in the present case. He has no criminal history and is languishing in jail since 31.01.2025. 7. Although initially the F.I.R. was lodged under Section 70(1), 352, 351(3), I.P.C., a chargesheet has been submitted on 09.02.2025 for offences under Sections 352, 351(3) and 64, B.N.S. A copy of the chargesheet has been brought on record alongwith the supplementary-affidavit filed on behalf of the applicant. 8. The learned A.G.A. has opposed the bail application and has submitted that the allegations are serious in nature and the same have been established during investigation and, therefore, a chargesheet has been submitted against the applicant. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 20.09.2024 and alhough the informant had purportedly got an application under Section 173(4), B.N.S.S. prepared on 24.10.2024, the same has been submitted on 11.11.2024 and there is no explanation for this delay; that the allegagtions are not supported by any findings of the medico- legal examination report; that there is an old dispute between the parties regarding a shop put up by the informant in front of the applicant's house, in relation to which both the parties had been challaned for ensuring maintenance of peace; and that the applicant has no criminal history, he is languishing in jail since 31.01.2025, whereas investigation already stands concluded, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Gurpreet Singh alias Sonu Singh be released on bail in the aforesaid Case Crime No. 522 of 2024, under 352, 351(3) and 64, B.N.S., registered at Police Station Colonelganj, District Gonda, 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 :- 2.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench