Neutral Citation No. - 2025:AHC-LKO:28190 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4103 of 2025 Applicant :- Ishtiyak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sudhaker Prakash Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sudhaker Prakash, the learned counsel for the applicant, Shri Anshuman Verma, the 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.16 of 2025 under Sections 70(2), 61(2), 351(2), 115(2), 127(2), 352 of B.N.S., Section 5G/6 of P.O.C.S.O. Act registered at Police Station- Sairpur, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.02.2025 against the applicant, his wife and two other persons, stating that the informant's daughter aged 14 years drives an E-rickshaw and she had gone away from her home at about 08:00 PM on 04.08.2024 in spite of the fact that the informant has forbidden her. The applicant and his wife came to the informant's house at about 10:00 PM and threatened that the informant should be responsible for her daughter. When the informant and her husband went to the house of the accused persons, they found their daughter alongwith two other persons. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant and his wife made her commit the misdeed. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. The hymen was found to be old, torn and healed. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that the applicant's wife had forcibly locked her inside a room alongwith two boys both of whom raped her. 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. The learned A.G.A. has vehemently opposed the bail application and he has submitted that information of the present case has been delivered to the informant through police. He has further submitted that the allegations against the applicant have been established during investigation and a charge-sheet has been submitted on 20.04.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR does not level any allegation of commission of rape; although the victim alleged in her statement that the applicant and his wife had made her commit misdeed, in her statement under Section 183 B.N.S.S. she has stated that the applicant's wife locked her inside a room where two persons raped her whereas she did not level any allegation against the applicant in this statement; that the allegation of rape is not supported by the findings of the medico-legal examination report of the victim and that the applicant has no criminal history and he is languishing in jail since 23.02.2025 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- Ishtiyak 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, unless his/her appearance exempted by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 14.5.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench