Neutral Citation No. - 2025:AHC-LKO:22595 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3378 of 2025 Applicant :- Phoolchand Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- R.B.S. Rathaur,Sachin Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri R.B.S. Rathaur, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I 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.81 of 2025, under Sections 64(1) & 127(2) B.N.S., registered at Police Station Matera, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.03.2025 stating that when the informant had gone towards south of her village at about 11.00 Hrs. on 18.03.2025 the applicant forcibly took her to his home and raped her. 4. In the statement of the informant recorded under Section 180 BNSS she stated that she is a married woman aged about 45 years. When she had gone to a field to attend the call of nature at about 11.00 p.m. on 18.03.2025 the applicant dragged her inside his house and raped her. After coming back home she told about the incident to her husband. 5. The medico legal examination report of the victim does not make a mention of any mark of injury or sign of use of force. The samples were collected for pathological examination but there report thereof is still awaited. 6. In her statement recorded under Section 183 BNSS the informant reiterated her earlier version and she further stated that the applicant had raped her at earlier occasions also about two months ago but the gram pradhan had mediated a settlement between them. 7. In the affidavit filed in support of bail application it has been stated that the applicant is 55 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations are serious in nature and the investigation against the applicant is still pending. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 18.03.2025 and the F.I.R. has been lodged on 26.03.2025; that besides statements of the informant there is no other material to support the allegation; that the informant stated that the applicant had raped her about two months ago also but this fact was not mentioned either in the F.I.R. or in her statement recorded under Section 180 BNSS; that the applicant is a 55 years old person having no previous criminal history and he is languishing in jail since 27.03.2025 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Phoolchand 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 :- 22.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench