Neutral Citation No. - 2025:AHC-LKO:21625 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3208 of 2025 Applicant :- Aamil Hussain Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ravindra Shukla, learned counsel for the applicant, Sri Kuldeep Gupta, Advocate, who has put in appearance and filed his Vakalatnama on behalf of the informant, as well as Ms. Nikita Mishra, learned Additional Government Advocate for the State and perused the records. The Vakalatnama is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.026 of 2024, under Sections 64, 115(2), 352, 351(2), 351(3) and 316 B.N.S. registered at Police Station Kotwali Nagar, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.01.2025 against the applicant, his mother, two brothers and a cousin, stating that the applicant entered the informant's house at about 2 p.m. on 26.12.2024 and after alluring her of marriage, he raped her. The accused persons came to the informant's house at 10 a.m. on 28.12.2024 and they settled the marriage to be performed at 3 p.m., but they did not come for the marriage. The FIR further states that prior to it, engagement ceremony of the applicant and the informant was performed on 21.03.2020 wherein a considerable amount was spent. The informant alleged that the applicant blackmailed her and tried to extract money from her. 4. In statement of the informant recorded under Section 180 B.N.S.S., she reiterated the FIR version. In statement of the informant recorded under Section 183 B.N.S.S., she did not make any averment regarding the incident that took place at about 2 p.m. on 26.12.2024 inside her house, as mentioned in the FIR. 5. Medico-legal examination report of the informant mentions that she is aged 27 years and no mark of injury was reported on any part of her body. 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. Learned Additional Government Advocate as well as learned counsel for the informant has opposed the bail application and the learned Additional Government Advocate has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 28.02.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR says that the applicant had got engaged to the informant on 21.03.2020; that the informant had alleged that the applicant had prepared her obscene video and he was blackmailing her on the strength thereof, but these allegations have not been supported by any material collected during investigation; that the investigation has been completed and a charge-sheet has already been submitted and that the applicant has no previous criminal history and he is languishing in jail since 16.01.2025, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Aamil Hussain 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 :- 17.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench