Neutral Citation No. - 2025:AHC-LKO:18878 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2852 of 2025 Applicant :- Suhaib Ahmad @ Jageer Opposite Party :- State Of Up Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Saggir,Anurag Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anurag Singh, the learned counsel for the applicant, Sri Ashok Srivastava, the learned AGA 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. 57/2025, under Sections 64(1), 352, 351(2), 127(2), 61(2)A B.N.S., Police Station Subeha, District Barabanki. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged by the informant, who is sister of Nafees, on 23.02.2025 against the applicant, Nafees and wife of Nafees, stating that the applicant is friend of Nafees, he had illicit relationship with wife of Nafees, on 13.01.2025 the informant had gone to the house of the applicant along with both the co- accused persons. The other two persons went back and the applicant made her stay for the night and he raped her and videographed the incident. After the informant objected about the incident on 29.01.2025, she was turned out of her home. She stated that the co-accused persons want to grab her property. 4. In the statement of the informant recorded under Section 180 B.N.S.S., she reiterated the FIR version. The medico legal examination report of the victim mentions no mark of injury or sign of use of force and the pathological examination report mentions that no spermatozoa was found in the pathological examination of vaginal swab. 5. In the statement of the informant recorded under Section 183 B.N.S.S., she stated that she is aged 27 years. She did not allege that the applicant forcibly made her stay back in her home during the night and she stated that her brother had asked her to stay there. In response to a specific question, the informant stated that she did not tell any person residing in the applicant's house about the incident. She stated that as she has to marry, she does not want any proceeding to continue in this matter. 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. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation of commission of rape is not supported by the findings of medico legal examination report or the pathological report and that the victim herself stated in her subsequent statement that she does not want any proceedings to continue and the applicant is a person having no criminal history and he is languishing in jail since 24.02.2025, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Suhaib Ahmad @ Jageer 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 :- 4.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench