Neutral Citation No. - 2025:AHC-LKO:21420 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3178 of 2025 Applicant :- Shahid @ Golu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Anand Kumar Srivastava, learned counsel for the applicant, Ms. Nikita Mishra, 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.143 of 2024 under Sections 331(4), 64, 115(2), 352, 351(3) B.N.S. registered at Police Station- Harraiya, District- Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.10.2024 stating that the applicant entered the informant's house at about 03:00 AM on 03.10.2024 by scaling the wall of court yard and he started molesting her. When the informant cried, her sister-in-law Sheela Devi and a neighbor came there. The applicant had assaulted the informant and other persons but he was caught. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 24 years, her husband resides in Gujarat, she has two children- a daughter aged two years and a son aged one year. While she was sleeping in the house with her children, the applicant entered the house and started raping her. As the informant cried, the applicant gagged her mouth. Somehow she managed to open her mouth and cried whereupon her sister-in-law came there. The applicant had beaten up her sister-in-law and escaped. She stated that the applicant is a friend of her husband. She used to talk to him on phone for getting some household goods. 5. The medico-legal examination report of the victim conducted on 09.10.2024 mentions laceration (scab formation) over right forearm and multiple scratches with scab formation on right forearm. The injuries have been opined to be simple in nature caused by hard and blunt object about six days ago. The informant's sister-in-law told about pain all over her body during her medico-legal examination. The findings of medico-legal examination do not support allegation of commission of rape. 6. In the statement of the informant recorded under Section 183 B.N.S.S., she stated that she is aged about 26 years, she alleged that the door of the house gets opened by merely pressing with the hand. The applicant entered her house and raped her. When she cried, her sister-in-law came there and the applicant assaulted her sister-in-law. She further stated that she treats the applicant as her son and she use to make phone calls to him for getting some vegetables, medicines etc. 7. The informant's sister-in-law Urmila Devi and another persons supported the FIR version. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 27 years having no criminal history and he has been falsely implicated in the present case. 9. A copy of the mobile bill has been annexed with the bail application to indicate that there used to be frequent mobile communications between the applicant and the informant. 10. Learned A.G.A. has vehemently opposed the bail application and she has submitted that investigation is still pending. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim is herself the informant in the present case and although the incident occurred on 03.10.2024, the F.I.R. has been lodged on 09.10.2024; that even the F.I.R. lodged after six days, the informant did not alleged commission of rape; although the allegation of rape has been levelled in the statements of the informant recorded under Sections 180 & 183 B.N.S.S., those are not supported by the findings of the medico-legal examination report of the informant; the injuries reported in the medico-legal examination report are simple in nature and prima facie they make out a case of merely house trespass and causing simple hurt, which offences carry a maximum punishment of imprisonment up to seven years and that the applicant is a young man having no criminal history and he is languishing in jail since 05.02.2025, 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. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Shahid @ Golu 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 :- 16.4.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench