Neutral Citation No. - 2025:AHC-LKO:28495 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4181 of 2025 Applicant :- Shani Gautam Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Suresh Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Suresh Chandra Srivastava, the learned counsel for the applicant, Shri Ravi Srivastava, 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.44 of 2025 under Sections 64, 115(2), 351(3), 352 of B.N.S., Section 3/4 of P.O.C.S.O. Act registered at Police Station- Kotwali Dehat, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.02.2025 stating that the applicant had raped the informant at about 02:00 AM on 03.10.2024 and had video- graphed the incident. By threatening to spread the obscene video virally, the applicant repetitively made physical relations with her. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the FIR version. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. 6. The victim stated before the Doctor that the incident took place inside the house of one Pooja, who had locked her inside a room whereas before the Investigating Officer, she stated that the incident took place when she had gone out of the house to urinate. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she had gone to attend the party in the house of Pooja. Pooja gave her some food which was laced with something. Pooja took her towards the field for attending the call the nature and after returning there, Pooja sent her inside a room alongwith the applicant, who is nephew of Pooja and the applicant raped her. She further stated that while the applicant was raping her, Pooja opened the door and her husband Pradeep video-graphed the incident. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. 8. Learned AGA has vehemently opposed the bail application and he has submitted that the information of the present application has been delivered to the informant through police. He further submitted that allegations against the applicant have been established during investigation and a charge-sheet has been submitted on 08.04.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim herself is the informant and yet there are major discrepancies regarding narration of the incident, in her statement recorded by the Investigating Officer, by the Doctor and by the Magistrate; the allegations are not supported by the findings of the medico- legal examination report and that the applicant is a young man aged 19 years having no criminal history and he is languishing in jail since 09.02.2025 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 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 :- 15.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench