Neutral Citation No. - 2025:AHC-LKO:19057 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2882 of 2025 Applicant :- Bhagwan Bux @ Putti Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dilip Kumar Pandey Counsel for Opposite Party :- G.A.,Ravi Pratap Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Dilip Kumar Pandey, learned counsel for the applicant, Shri Ashok Srivastava, learned A.G.A. for the State, Shri Ravi Pratap Singh, Advocate who has filed vakalatnama on behalf of the informant, which is taken on record and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.31 of 2025, under Sections 376, 452, 323, 504, 506 I.P.C. registered at Police Station- Gurubuxganj, District- Raibareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.02.2025 against the applicant and unnamed persons on the basis of an application filed under Section 173(4) B.N.S.S. on 23.09.2024 stating that while the informant was alone in her house at about 07:30 PM on 20.05.2024, the accused persons entered her house, the applicant put a knife on her neck and both the accused persons raped her and prepared obscene video and photo. Under the threat of spreading the photo and video virally, the accused persons repetitively raped her. 4. In the statement recorded under Section 180 B.N.S.S., the informant supported the F.I.R. allegations. However, in response to some specific questions put by the Investigating Officer, she stated that she used to talk to the applicant on phone since before the incident and that she had not told any person about the incident and she had not given any application to the police. No persons had seen the applicant coming to or going out her house. She has not seen the obscene video prepared by the applicant. The informant's brother had stated that the incident took place on 22.05.2024 and not on 20.05.2024 as told by the informant. Some independent witnesses have stated that the applicant was hiding in the court yard of the informant's house and he was caught by the villagers. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. As the medico-legal examination was conducted six months after the incident, no samples were collected for forensic or pathological examination. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 25 years having no criminal history and he is languishing in jail since 15.03.2025. 7. Learned A.G.A. as well as the learned counsel for the informant have vehemently opposed the bail application. Learned A.G.A. has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 16.03.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. alleges commission of rape by the two persons, preparation of obscene video and photo and blackmailing the victim on the strength thereof whereas the allegation of rape is not supported by the findings of medico-legal examination report and no obscene video or photo has been recovered during investigation; that in the statement, the informant stated that she used to talk to the applicant on phone since before the incident; some independent witnesses had stated that the applicant was hiding in the court yard of the informant's house and he was caught there by the villagers and that the applicant is a young man having no criminal history and he is languishing in jail since 15.03.2024 whereas the investigation 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Bhagwan Bux @ Putti 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