Neutral Citation No. - 2025:AHC-LKO:27095 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3996 of 2025 Applicant :- Ahad Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Another Counsel for Applicant :- Bhup Chandra Singh,Abdul Raheem Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Bhup Chandra Singh, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-I 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. 0253/2024, under Sections 115(2), 87, 70(1) of B.N.S, 2023, Police Station Baskhari, District Ambedkar Nagar. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.08.2024 against the applicant and his sons alleging that the informant resides in the house of Naushad along with her sisters and the applicant also used to reside there and he used to visit Dargah Majar. The applicant had enticed away the informant's sister aged 18 years months ago, he took her to Katihar, Bihar and the applicant and both his sons raped the informant's sister. They were taking to sell her off but several people gathered there upon hearing her hues and cries and the informant's sister was somehow saved and she came back to the informant. 4. In the statement of the victim recorded under Section 180 BNSS, she stated that she is aged 20 years and she has studied up to high school. For the past 8 yeas, she was residing in the Dargah. The applicant and his two sons had forcibly taken her away to their home at Katihar, Bihar. The applicant used to forcibly make physical relations with her and he used to beat her. He was taking to sell her off, she heard about it and cried. Several persons gathered there and the applicant ran away. She did not level the allegation of committing rape and bearing against the co-accused persons. The medico legal examination report of the victim mentions tenderness over scalp and bloody discharge in both ears. The doctor has written 'no opinion can be given'. As per radiological examination, age of the victim has been opined to be 22 years. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she is aged 18 years, the accused persons used to visit the Dargah. She had gone to get some goods at about 12 noon about three month's ago, the applicant made her inhale something in the market and she fell unconscious and the accused persons took her far away. The applicant and his son Rehmat raped her. When she regained consciousness, the accused persons were standing there and they had beaten her with sticks in the entire body and on her head and they had raped her. The applicant was talking about selling her away and she heard it. When the accused persons had gone out of their home, she cried and some persons gathered there and they made her sit in a train and thus she came to Akbarpur. 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. A copy of nikahnama dated 16.05.2024 has been annexed with the bail application relying on which, the learned counsel for the applicant has submitted that the victim had married the applicant and the FIR has been lodged on false allegation because of some matrimonial distort between the parties. 7. The learned AGA-I has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 13.03.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim is major but she has not lodged the FIR; the allegations levelled in the FIR and in the statement under Section 183 B.N.S.S. is of commission of rape by the applicant and both his sons whereas whereas in the statement under Section 180 B.N.S.S., the victim has not levelled such allegations against the applicant's sons; the applicant claims to have married the victim on 16.05.2024 and that the applicant has no criminal history, he is languishing in jail since 21.12.2024 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.98. Accordingly, this bail application stands allowed. 9. Let the applicant-Ahad Alam 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 :- 8.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench