Neutral Citation No. - 2025:AHC-LKO:25651 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 403 of 2025 Applicant :- Roj Ali Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Lakshmi Kant Tripathi,Janmejay Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri LK Tripathi, learned counsel for the applicant as also Sri Ravi Srivastava, the learned A.G.A. and Sri Anil Pandey, learned counsel for the informant, and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 96 of 2025, under Sections 115(2), 351(2), 69, B.N.S., Police Station Ramgao, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.03.2025 against three persons, including the applicant, his father and mother, stating that the applicant has been repititavily raping the informant for the past considerable period of time under allurement of marrying her and has prepared her obscene video also. Lastly, it is stated that the applicant raped the informant in a field at about 3.30 hrs on 15.02.2025 and he threatened to spread her obscene video virally. When some villagers came there upon hearing the cries of the informant, the applicant ran away. 4. In the statement of the informant recorded under Section 180, B.N.S.S. she stated that she is aged 24 years, she knows the applicant for the past one year and she used to talk to him on phone. Under allurement of marrying her the applicant has repititavily raped her for the past one year. When the applicant had gone to her field on 15.02.2025, the applicant came there and raped her and thereafter he denied to marry her. She did not state that she had cried and several villagers had reached there, as has been written by her in the F.I.R. 5. The medico-legal examination report of the informant mentions no mark of injury or sign of use of force and no spermatozoa- alive or dead, or gonococci has been seen in the pathological examination of vaginal smear slide. 6. As per radiological examination, age of the victim has been opined to be between 18 and 19 years. 7. In the statement of the victim recorded under Section 183, B.N.S.S. she stated that she is aged 24 years. She knows the applicant for the past one year and the applicant repititavily raped her under allurement of marrying her. 8. In none of the statements of the informant her marital status has been disclosed. The dispute between the parties was referred to the conciliation/mediation and the Mediator has recorded that “the applicant is brother of husband of the informant’s sister.” 9. In the affidavit filed in support of the bail-application, it has been stated that the applicant is a youngman, aged 22 years, having no criminal history and he has been falsely implicated in the present case. In para-11 of the affidavit it has been mentioned that the complainant has got married to one Mohiddin about one-and-a-half year ago. This statement has not been disputed by the learned counsel for the informant. 10. The learned A.G.A. has opposed the bail application and has submitted that investigation of the case is still pending. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is a married lady, who got married to some other person about one- and-a-half years ago; in her statement she has stated that she is having physical relations with the applicant for the past one year, though she had already got married to some other person; applicant is brother of husband of the informant’s sister, they are, thus, related to each other; the applicant is a youngman aged 22 years having no criminal history; that the informant has not disclosed in the F.I.R. or in her statement that she is a married woman, I am of the view that the applicant is entitled to be granted anticipatory bail. 12. Accordingly, this anticipatory bail application stands allowed. 13. In the event of arrest/appearance of applicant- Roj Ali before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. (Subhash Vidyarthi, J.) Order Date :- 2.5.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench