1 Neutral Citation No. - 2025:AHC-LKO:25170 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 391 of 2025 Applicant :- Nafees Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Saggir Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Saggir, learned counsel for the applicant, Shri Alok Kumar Tiwari, learned A.G.A. for the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No.57/2025, under Sections 64(1), 352, 351(2), 127(2), 61(2)A B.N.S., Police Station Subeha, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.02.2025 by the applicant's sister against the applicant, his wife and the applicant's friend Jageer stating that Jageer used to visit the applicant's home frequently and he had illicit relation with the applicant's wife and he also had an evil eye on the informant. On 13.01.2025, the informant had gone to the applicant's house at about 8.00 p.m. along with her brother Nafees and Bhabhi. The applicant and Jageer forcibly made her stay there during the night, the applicant and his wife went away at 10.30 p.m. and co-accused Jageer forcibily entered her room at about 3.00 p.m., raped her and videographed the incident. Thereafter, the applicant threatened to spread her video viral. The informant also stated that she has been turned out of her home and the applicant and his wife want to usurp her share of the property. 3. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated her earlier version. 4. The Medico Legal Examination Report of the victim mentions 2 no mark of injury or sign of use of force and the pathological examination report mentions no spermatozoa in the vaginal swab of the victim. As per radiological examination, the age of the informant has been opined to be about 32 years. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she is aged 27 years and she also stated that she does not want any proceedings to continue against Jageer as she has to get married. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. Co-accused Suhaib Ahmad @ Jageer has been granted bail by this Court by means of an order dated 04.04.2025 passed by this Court in Criminal Misc. Bail Application No.2852 of 2025. 8. Learned A.G.A. has opposed the anticipatory bail application and he has submitted that the investigation of the case is still pending and keeping in view the nature of allegations, the applicant should not be granted anticipatory bail. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim is the sister of the applicant and she has levelled the allegation that the applicant and his wife had made her stay at the house of the applicant's friend during the night; that she has levelled the allegation of rape against the co- accused persons, which allegation is not supported by the medico legal examination report of the victim; in the statement of the victim recorded under Section 183 B.N.S.S.she stated that she does not want any proceedings to continue against the co-accused, against whom she had levelled allegation of rape and that co-accused person has already been granted bail, I am of the view that the applicant is entitled to be 3 granted anticipatory bail. 10. Accordingly, this anticipatory bail application stands allowed. 11. In the event of arrest/appearance of applicant- Nafees Ahmad before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing 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 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 :- 1.5.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench