Neutral Citation No. - 2025:AHC-LKO:26646 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3946 of 2025 Applicant :- Mohd. Soyeb @ Shoyeb Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Mohd. Nafees,Pawan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Nafees, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate for the State and Sri Shivpal Singh, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 66 of 2025, under Sections 64(2)(m), 352, 351(3), 123 B.N.S., registered at Police Station Ranipur, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.03.2025 alleging that the applicant had made the informant consume some intoxicating medicine and thereafter he has repetitively raped her and prepared obscene video of the same. 4. In the statement of the victim recorded under Section 180 BNSS she reiterated the F.I.R. version. 5. The victim declined to undergo internal as also external medico legal examination. 6. In the statement of the victim recorded under Section 183 BNSS she again reiterated her earlier version. 7. The printouts of whatsapp communication between the informant and the applicant and some photographs showing the informant and the applicant in affectionate gestures have also been annexed with the bail application to show that they were in a relationship. 8. In the affidavit filed in support of 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. 9. The learned Additional Government Advocate appearing on behalf of the State and the learned counsel for the informant have opposed the prayer for bail. The learned A.G.A. has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 25.03.2025. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the victim has alleged that the applicant repetitively made physical relations with her, she declined to undergo medico legal examination; that the photographs and whatsapp communication annexed with the bail application indicate that they were in an affectionate relationship; that the informant's father and the father in law have stated that the informant was having an illicit relations with the applicant; that the applicant has no previous criminal history and he is languishing in jail since 22.03.2025 and the investigation already stands concluded 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Mohd. Soyeb @ Shoyeb 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. (Subhash Vidyarthi, J.) Order Date :- 7.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench