Neutral Citation No. - 2025:AHC-LKO:22258 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3289 of 2025 Applicant :- Israr @ Israr Ahmad Opposite Party :- State Of Up Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashish Raman Mishra, learned counsel for the applicant, Sri Abhishek Kumar Singh, learned Additional Government Advocate for the State and Sri Rakesh Kumar Mishra, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0050 of 2025, under Sections 64, 333, 351(3), 352 B.N.S., registered at Police Station Fakharpur, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.02.2025 alleging that when the informant was visiting the house of her foofa and staying there, the applicant entered his house at about 12.30 p.m. in the night of 17.02.2025 and started molesting her. When she resisted the applicant abused and threatened her and ran away. 4. In the statement of the informant recorded under Section 180 BNSS she stated that she is aged about 20 years. The applicant had entered her room in the night and started forcing himself, he threatened her with a knife and ran away. The medico legal examination of the informant was conducted on 24.02.2025 and during medico legal examination the informant stated that the applicant had raped her. However, no mark of injury or sign of use of force was found during her medico legal examination. 5. In the statement of the informant recorded under Section 183 BNSS she stated while she was sleeping in a room between 12.00-12.30 in the night of 17.02.2025, the applicant entered the room but she did not know as to from which route he entered the room. She alleged that the applicant raped her. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 20 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. Some photographs of the informant and the applicant and printouts of some whatsapp conversations between both of them have been annexed with the affidavit to support the contention that the informant and the applicant were in an affectionate relationship. 7. The learned counsel appearing on behalf of the State and the learned counsel for the informant have opposed the prayer for bail and they have submitted that the allegations have been established during investigation and a charge sheet has been submitted on 18.03.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the informant alleges that the applicant had entered her room inside the house of her foofa, she did not mention from which route the applicant entered to her room inside the house; that although the F.I.R. does not mention commission of rape, the informant added this allegation in her subsequent statements; that the photographs and whatsapp conversation between the informant and the applicant indicate that they were in an affectionate relationship; that the informant is major and that the applicant is a young man having no previous criminal history and he is languishing in jail since 16.03.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Israr @ Israr Ahmad 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 :- 21.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench