Neutral Citation No. - 2025:AHC-LKO:28237 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4126 of 2025 Applicant :- Ramesh Yadav @ Pintoo Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Kailash Nath Mishra,Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kailash Nath Mishra, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 80 of 2025, under Sections 64(1) B.N.S. 2023, registered at Police Station Paraspur, District Gonda. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 03.03.2025 on the basis of an application under section 173(4)/175(3) B.N.S.S filed on 09.10.2024, stating that while the informant had gone to attend the call of nature at about 8 PM on 19.08.2024, the applicant dragged her to a field and raped her. When some persons reached on the spot hearing her hue and cry, the life and honour of the informant was saved. 4. In the statement of the informant/victim recorded under Section 180 B.N.S.S., she reiterated the F.I.R version but she stated that date of incident to be 18.08.2024. 5. The medico legal examination of the victim was conducted on 10.03.2025 and its findings do not support the F.I.R version. No living or dead spermatozoa was seen in the pathological examination of the vaginal smear of slide. 6. In the statement of the informant/victim recorded under Section 183 B.N.S.S., she reiterated the F.I.R version and she further submitted that the applicant is a cousin of her husband. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 8. The learned A.G.A 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 18.04.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the F.I.R, the informant/victim has alleged that the incident took place on 19.08.2024, in her statement she has stated that it took place on 18.08.2024 and yet the application under Section 175 (3) B.N.S.S was filed on 19.08.2024; it appears that prior to lodging of the application, the informant had not sent any complaint to the Superintendent of Police through registered post; that the allegations are not supported by the medico legal examination report; the applicant has no criminal history, he is languishing in jail since 22.03.2025 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Ramesh Yadav @ Pintoo be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 14.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench