Neutral Citation No. - 2025:AHC-LKO:30127 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4454 of 2025 Applicant :- Antip Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Shitesh Jha,Dr. Shailendra Sharma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shitesh Jha, the learned counsel for the applicant, Shri Ajit Singh, the learned State Counsel and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.157 of 2025 under Sections 70(2), 351(3) of B.N.S., Section 5L/6 of P.O.C.S.O. Act registered at Police Station- Padhua, District- Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.03.2025 by the applicant's step sister, against the applicant and his wife, stating that the informant is aged 17 years, when her mother had gone out in the night of 29.03.2025, her Bhabhi- Pinki Gupta (the applicant's wife) forcibly took her to the applicant's room, she locked the room from outside and the applicant raped her with the assistance of his wife. 4. In the statement of the informant recorded under Section 180 B.N.S.S., she reiterated the F.I.R. version and she further stated that the applicant had raped her on 2-3 earlier occasions also. 5. The medico-legal examination report of the informant mentions no mark of injury or sign of use of force. 6. In the statement of the informant recorded under Section 183 B.N.S.S., she stated that the incident took place at about 08:00 PM on 29.03.2025 while all the family members were present there. She stated that the applicant pulled her inside her room, removed her salvar but before he could do anything else, she opened the door of the room and thereafter her cousin called the police. She further stated that the applicant had done such activity for the first time and prior to it, he had no evil eye on her. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person having no criminal history and he has been falsely implicated in the present case. 8. The learned State Counsel has opposed the bail application and he has submitted that the information of the present application has been delivered to the informant through police. He has further submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 13.04.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the informant has stated in the FIR that the applicant raped her and in he had done so on 2-3 earlier occasions also, in her statement under Section 183 B.N.S.S., she did not support this allegation; although the victim stated in the FIR that she was alone in the house in the night of the incident, in her statement under Section 183 B.N.S.S., she stated that the incident took place while the family members were present there and that that the applicant has no criminal history and he is languishing in jail since 30.03.2025 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 in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Antip Gupta 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 :- 21.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench