Neutral Citation No. - 2025:AHC-LKO:28215 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4121 of 2025 Applicant :- Mo. Sabir Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shailendra Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shailendra Kumar Tiwari, learned counsel for the applicant, Sri Diwakar Singh, learned Additional Government Advocate 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. 35 of 2025, under Sections 333, 64(2), 351 (3) B.N.S., registered at Police Station Jaidpur, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.01.2025 alleging that the applicant had entered the house of the informant about three months ago and had raped her. Thereafter, he repetitively raped her whenever he found her alone. The applicant was raping the informant about four days ago but her brother's wife came there and the applicant ran away. Thereafter she told about entire things to her brother's wife. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 18 years. She used to talk to the applicant through phone with effect from 08.10.2024. He had called the victim to a hotel for giving a new phone and raped her there. The applicant had assured to marry her. The wife of the informant's brother had reached the spot when the applicant was raping her about four days ago and thereafter she disclosed the incident. The victim stated in her statement that she wants to marry the applicant and she wants to live with him as her family members are not ready to keep her with them. 5. The medico legal examination report of the victim reveals no mark of injury or sign of use of force. The hymen has been reported to be old torn and healed. The pathological examination report mentions no spermatozoa in vaginal smear slide. 6. In the statement of the victim recorded under Section 183 BNSS she reiterated her earlier version. 7. 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. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 11.02.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim wherein she stated that she used to talk to the applicant through phone for the past considerable period of time and the applicant had made physical relations with her on numerous occasions but she disclosed this fact only when wife of her brother saw them making physical relations; that the medico legal examination report does not indicate use of force by the applicant; that the applicant has no previous criminal history and he is languishing in jail since 24.01.2025 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Mo. Sabir 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 :- 14.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench