Neutral Citation No. - 2025:AHC-LKO:24406 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3621 of 2025 Applicant :- Raghvendra Yadav @ Raju Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Hemant Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Hemant Kumar Pandey, learned counsel for the applicant, 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. 372 of 2024, under Sections 64, 351(3), 127(4) BNS, registered at Police Station Kotwali Bikapur, District Ayodhya (Faizabad). 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.10.2024 stating that the informant had gone with his mentally and physically ailing son to Chandigarh Mansha Devi Temple. The applicant met her at Chandigarh station and asked her to accompany him to his place and that he will cure her son. Thereafter, the applicant raped her for fifteen days saying that it will cure her child. 4. In the statement of informant recorded under Section 180 BNSS, she stated that her younger child aged 15 years is mentally and physically handicapped. While she had taken her son to Mansha Devi Temple Chandigarh, a sage met her at Chandigarh station who introduced himself as the applicant. He took her to Shiv Shakti Mahadevan Temple in village Sarai Khargi, Police Station Bikapur, District Ayodhya and kept her in a room and continuously raped her for fifteen days. 5. The medico legal examination report of the informant did not reveal any mark of injury or sign of use of force. The samples were sent for pathological examination, learned A.G.A. has stated that the pathological examination report is not available on the case diary. 6. In the statement of informant recorded under section 183 BNSS, she stated that when she had gone to Mansha Devi Temple, Chandigarh, the applicant met her there and he kept her in a room adjoining at a temple and raped her for eight days. She stated that she is aged 60 years. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent, he has been falsely implicated in the present case and he has no criminal history. 8. Learned A.G.A. has opposed the bail application. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the statement recorded under Section 180 BNSS the victim has stated that the applicant raped her for 15 days whereas in her statement under Section 183 BNSS she stated that the applicant raped her for eight days; in both the statements the victim has stated her age to be 60 years; the allegation of commission of rape is not supported by finding of the medico legal examination report and the pathological examination report is not available on the case diary and that the applicant has no criminal history and is languishing in jail since 10.10.2024 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- Raghvendra Yadav @ Raju 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. Order Date :- 29.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench