Neutral Citation No. - 2025:AHC-LKO:25365 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3751 of 2025 Applicant :- Mustakim @ Shamoon Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- M.P. Raju Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri M.P. Raju, learned counsel for the applicant, Shri Arvind Kumar Pandey, 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.68 of 2025 under Sections 376 I.P.C. registered at Police Station- Kotwali Dehat, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.03.2025 against nine persons, including the applicant and his family members, stating that the informant is aged 22 years and she is pursuing bachelors degree. She came into contact with the applicant in the year 2019 and a loving relationship developed between them due to which they made physical relation. The informant got pregnant on two occasions but the applicant got her pregnancy aborted against her wishes. Due to mediation conducted by co-accused Sharifuddin, engagement ceremony was performed on 01.05.2024 but the applicant did not marry her. 4. In the statement of the informant recorded under Section 180 B.N.S.S., she stated that she is aged 25 years and her date of birth is 05.06.1999. She came into contact with the applicant in the year 2019. For the first time, she had made physical relationship with the applicant in a Hotel at Sitapur in January 2020. Thereafter, the applicant has repetitiely made physical relations with her under allurement of marrying her. 5. The informant declined to undergo medico-legal examination. 6. In the statement of the informant recorded under Section 183 B.N.S.S., she reiterated her earlier version. 7. 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. 8. Learned A.G.A. has opposed the bail application and he has submitted that allegations have been established during investigation and a charge-sheet against the applicant has been submitted on 17.04.2025 under Section 376 I.P.C. and not other offence has been established during investigation. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that most of the allegations levelled by the informant could not be established during investigation; as per the narration made in the FIR, it is not that the applicant had promised to marry her since inception of their relationship and yet she had made physical relations with the applicant while she was major; there is no material to raise a prima facie suspicion that the applicant's intention since inception was to deceive the informant and that the applicant has no criminal history and he is languishing in jail since 21.03.2025 whereas the investigation already 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- Mustakim @ Shamoon 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 :- 2.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench