Neutral Citation No. - 2025:AHC-LKO:22787 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3397 of 2025 Applicant :- Ashish Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anamika Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Anamika Singh, learned counsel for the applicant, Shri Devesh Kumar, learned A.G.A. for the State, Shri Umesh Chand, the learned counsel for the victim and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.350 of 2024 under Sections 333, 64, 115(2), 351(2), 352 of B.N.S. registered at Police Station- Kotwali Patti, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.12.2024 against the applicant and his brothers Anil Gupta and Manish Gupta, stating that the applicant molests and harasses the informant's wife day in and day out. He entered the informant's house. The informant caught hold of the applicant whereupon an altercation took place and taking advantage of the dark, the applicant escaped. It was further stated that the applicant calls on the mobile phone of the informant's wife and blackmails her on the strength of some photographs and pressurizes her to make physical relations with him. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is a woman aged 30 years having three children. The applicant resides in neighborhood and she used to talk to him on phone. The applicant entered her house at about 09:00 PM on 01.12.2024 and raped her on the upper floor of the house whereas her father-in-law and mother-in-law were present on the lower floor of the house. She raised a hue and cry whereupon her husband came there. He tried to catch the applicant but the applicant escaped. 5. The medico-legal examination report mentions no mark of injury or sign of use of force and the findings of medico-legal examination report does not support allegation of commission of rape. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she further stated that her father-in-law died due to shock. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 8. Learned A.G.A. as well as the learned counsel for the victim have vehemently opposed the bail application and they have submitted that allegations have been established during investigation and a charge-sheet has been submitted on 21.12.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim is a 30 years old married woman having three children, the FIR has been lodged by her husband and he does not make any mention of commission of rape against the applicant; although the allegation of rape has been levelled subsequently, it is not supported by the findings of the medico-legal examination report and that the applicant is a young man having no criminal history and he is languishing in jail since 11.12.2024 whereas the investigation 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 :- 22.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench