Neutral Citation No. - 2025:AHC-LKO:18383 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2751 of 2025 Applicant :- Istiyak Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Arti Shukla, learned counsel for the applicant, Sri Rajiv Kumar Verma, learned A.G.A. 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. 0027 of 2025, under Section 64(1) BNS, registered at Police Station Amethi, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged at 14.59 Hrs. on 09.02.2025 stating that while the informant and her family members had gone to her sister's place on 07.02.2025 and her mother in law aged 75-80 years was alone in the house, the applicant came there after consuming liquor and ganja. The informant's mother in law is bed ridden for the past 8 years. The applicant disrobed her and also took off his own clothes and molested her and put his finger in her vagina. When some neighbours came there and ran to beat him the applicant disclosed his identity stating that he is son of Iliyas. In her statement recorded under Section 180 BNSS the victim supported the F.I.R. version. However, she further stated that when she cried the applicant ran away. He came there after about 20 minutes and said that he had come to take away his phone and slippers which have been left there. When some persons ran to beat him he stated that he is son of Iliyas. In the statement of the victim recorded under Section 183 BNSS she stated that while she was sleeping at about 1.00 p.m. in outer verandah of the house she woke up upon feeling that some one was touching her body. When she shouted the person ran away. The daughter in law of wife of her husband's elder brother told her that the person was son of Iliyas. She could not name the daughter in law who had told the name of applicant. She further stated that the applicant came to her house on the following day and tendered apology stating that he committed the mistake as he had consumed liquor. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a 25 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. The Investigating Officer has recorded the statement of an independent witness Smt. Kanti, who stated that she had seen the applicant running away after the incident. However, she did not make any mention of any other villager having come there. 5. The learned A.G.A. has opposed the prayer for bail. He stated that the allegations have been established during investigation and a charge sheet has been submitted on 12.03.2025. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the nature of allegations levelled are such as cannot be established by any findings recorded in the medico legal examination report; that the F.I.R. does not make a mention of applicant having visited the place of occurrence more than once, whereas in the statement of the victim recorded under Section 180 BNSS she stated that the applicant had visited the place of occurrence 20 minutes after the incident and in her statement recorded under Section 183 BNSS she stated that the applicant had came on following day again to tender apology; that in the statement of the victim recorded under Section 183 BNSS she stated that some person was touching her inappropriately and committed the offence but she did not herself identify the person; the name of the person was told to her by daughter in law of wife of her husband's elder brother and she could not name that person also who had told her the name of the applicant; that the applicant has no previous criminal history and he is languishing in jail since 09.02.2025 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-Istiyak 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 :- 2.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench