Neutral Citation No. - 2025:AHC-LKO:32319 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4758 of 2025 Applicant :- Malkhan Kori Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. Counsel for Applicant :- Satyendra Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajay Veer Singh, holding brief of Sri Satyendra Nath Mishra, the learned counsel for the applicant, Sri Anant Pratap Singh, 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. 164 of 2024, under Sections 331(6), 115(2), 352, 351(2), 351(3), 76, 64 B.N.S. & 3/5 Arms Act, Police Station Dhammaur, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.10.2024 stating that the informant is aged 45 years. While the informant was sleeping in her house and her daughter was sleeping in another room, when she went out to toilet and she was returning home, the applicant entered her room with a pistol and he molested her. When the informant's daughter raised a hue and cry, several villagers came there and the applicant ran away. The informant stated that the applicant has molested her earlier also. 4. In the statement of the informant recorded under Section 180 B.N.S.S., she reiterated the FIR version. 5. The injury form of the informant mentions no injury. 6. The medico-legal examination report of the informant mentions no mark of injury or sign of use of force on any part of her body. 7. In the statement of the informant recorded under Section 183 B.N.S.S., she reiterated her earlier version and she further stated that the applicant had tore away her clothes and he was carrying a gun. He had threatened her with a country made pistol and had disrobed her. 8. The informant's daughter has also supported her version. Some independent witnesses have also supported the FIR version. 9. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. In para 20 of the affidavit filed in support of the bail application, the applicant's involvement in 13 other cases has been disclosed and the applicant has been released on bail in all the cases. 10. The learned AGA 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 07.12.2024. The learned AGA has further stated that a country made pistol has been recovered from the applicant when he was arrested. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is a married woman aged 45 years and the allegation of rape is not supported by the findings of the medico legal examination report; that the applicant is languishing in jail since 11.10.2024 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. 12. Accordingly, this bail application stands allowed. 13. Let the applicant-Malkhan Kori 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. Order Date :- 28.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench