Neutral Citation No. - 2025:AHC-LKO:20531 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3074 of 2025 Applicant :- Sarwan Goswami @ Allo Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Vimal Kishor Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vimal Kishore Singh, learned counsel for the applicant, Sri Arvind Kumar Pandey, learned Additional Government Advocate 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.1113 of 2024, under Sections 70(1), 123, 351(3), 127(2) B.N.S., registered at Police Station Kotwali Nagar, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.12.2024 on the basis of an application filed by the informant under Section 173 (4) BNSS on 21.10.2024 alleging that while the informant was waiting for some conveyance at about 4.00 p.m. on 28.08.2024 to come from Satrikh Naka Barabanki to her home. The applicant came there and offered to drop her at her village in his car. The informant sat in the car with his minor son. After covering a short distance the applicant offered some cold drink to her after drinking which she fell unconscious. Thereafter, the applicant and his accomplice raped the informant. They took her to Rajasthan where they kept her in a room for twenty days and they repetitively raped her. On 10.09.2024 the informant somehow came back home. She went to the police with her mother and gave an application and when no action was taken thereon she filed an application under Section 173 (4) BNSS. 4. In the statement of the informant recorded under Section 180 BNSS she reiterated the F.I.R. version. The informant was taken for medico legal examination but she declined for medical examination. In the statement of the victim recorded under Section 183 BNSS she reiterated her earlier version and she also stated that after the incident her husband was not letting her live with him. 5. 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. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 28.12.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is a married woman having a child and she claims to have been abducted along with her minor son on 28.08.2024 and to have come back on 10.09.2024 and no missing report or F.I.R. was lodged by her family members during this entire period; that although the informant came back on her own on 10.09.2024 an application under Section 173(4) BNSS was filed on 21.10.2024; that the informant has declined to undergo the medico legal examination; that besides the statements of the informant there is no other material which may support the allegation; that the applicant has no previous criminal history and he is languishing in jail since 21.12.2024 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Sarwan Goswami @ Allo 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 :- 11.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench