Neutral Citation No. - 2025:AHC-LKO:27128 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3990 of 2025 Applicant :- Kuldeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Jay Kumar Soni,Nevedita Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Jay Kumar Soni, learned counsel for the applicant, Sri Anant Pratap Singh, 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. 107 of 2025, under Section 70(1) of B.N.S. registered at Police Station- Mohammadpur Khala, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.02.2025 against four persons, including the applicant, stating that on 14.07.2024, when the informant had gone to attend the call of nature on the river bank, co-accused persons Dinesh and Dileep Kumar met her there. They took her to residence of Dileep Kumar. Thereafter, Dinesh took her to Dhanwalia from where the applicant took her to Fatehpur. Ultimately, Dinesh committed misdeed with her in a grove and thereafter, he took her to the house of his sister where she stayed for two months. During this period, Dinesh repeatedly raped her. From there, co-accused Umesh took the informant and kept her with him for five to six months and committed misdeed with her. Umesh dropped her back at Qaiserbagh Bus Stand, and thereafter she came back to her home. The informant stated her age to be nineteen years. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent person having no criminal history and he has been falsely implicated in the present case. 5. In the statements of the informant recorded under Sections 180 and 183 B.N.S.S. she reiterated her earlier version but she stated that all accused persons had raped her. Similar statement was given by the victim before the doctor also during her medico-legal examination. However, no mark of injury or sign of use of force has been reported during medico-legal examination. 6. Co-accused Umesh has been granted anticipatory bail by means of an order dated 25.03.2025 passed by this Court in Crl. Misc. Anticipatory Bail Application u/S 482 BNSS No.271 of 2025. Co-accused Dileep Kumar has been granted bail by means of order dated 15.04.2025 passed by this Court in Criminal Misc. Bail Application No. 3126 of 2025. 7. The learned A.G.A.-I has vehemently opposed the bail application and on the basis of written instructions provided to him, he has submitted that the information of the present bail application has been delivered to the victim through the police. He has submitted that the applicant is accused of commission of gang rape which is a serious offence and the applicant should not be granted bail. The learned A.G.A. further submitted that the allegations have been during investigation and a charge- sheet has been submitted on 05.04.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim herself is the informant and in the FIR she has not levelled any allegation of commission of rape against the applicant even in her statement recorded under Section 180 B.N.S.S., she has not levelled any allegation of rape against the applicant; it was for the first time that while recording statement under Section 183 B.N.S.S., the victim stated that all accused persons had raped her and that co-accused Umesh has been granted anticipatory bail and co-accused Dileep Kumar has been granted bail and the applicant has no criminal history and he is languishing in jail since 25.02.2025 whereas the investigation already stands concluded and a charge sheet has been submitted on 05.04.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on anticipatory bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Kuldeep 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