Neutral Citation No. - 2025:AHC-LKO:21937 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3267 of 2025 Applicant :- Gaurav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sachin Verma, learned counsel for the applicant, Shri , 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.27 of 2025 under Sections 87, 70(1) B.N.S. registered at Police Station- Salon, District- Raibareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.01.2025 stating that the informant is aged 24 years. When she was returning from her College on a Scooty with her friend between 01:00-02:00 PM on 13.01.2025, the solitary named accused Ashish and another person, who was not known to the informant, stopped them, forcibly made her sit on their motorcycle and took to a jungle in Pratapgarh. They left her there and went away. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the FIR version and she further stated that she knows Ashish for the past three years and he wants to marry her forcibly. She stated that after leaving her in the jungle, the accused persons went away. 5. The victim declined to undergo medico-legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that besides the named accused Ashish, two other boys were involved in the incident. All three were riding a motorcycle. Ashish threatened her with a country-made pistol and made her sit on his motorcycle which was being driven by a boy who had covered his face. They took her to a jungle in Pratapgarh, molested her and Ashish raped her. The informant's friend has supported the FIR allegations. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 8. Learned A.G.A. has vehemently opposed the bail application and he has produced relevant extracts of case diary for perusal of the Court which contains the statement of another eye- witness Smt. Kusma who said that two boys had forcibly made a girl sit on their motorcycle and had gone away towards Salon. She stated that she does not identify any of those persons and in reply to a question, she categorically stated that none of the boys was carrying a country-made pistol. After investigation, a charge-sheet has been submitted on 29.03.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant herself had lodged the FIR and she has not levelled the allegation of molestation or commission of rape in the FIR; although the informant's friend was accompanying her at the time of incident between 01:00-02:00 PM on 13.01.2025, she did not tell about the informant's alleged abduction to any person till her return; the informant has not alleged molestation and rape in the FIR or even in her statement recorded under Section 180 B.N.S.S. and she has levelled this allegation for the first time in her statement recorded under Section 183 B.N.S.S.; the allegation of use of country-made pistol has surfaced for the first time in the statement under Section 183 B.N.S.S.; the informant initially stated in her statement under Section 183 B.N.S.S. that three persons abducted her on a motorcycle but subsequently the number of persons was again reduced to two and that the applicant is a young man having no criminal history and he is languishing in jail since 19.03.2025 whereas the investigation already 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant 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 :- 18.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench