Neutral Citation No. - 2025:AHC-LKO:33533 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4875 of 2025 Applicant :- Suresh Kumar @ Suresh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Deptt. Home Lko Counsel for Applicant :- Rohit Mishra,Nishant Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Nishant Mishra, learned counsel for the applicant, Smt. Shikha Sinha, 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. 0126 of 2025, under Sections 85, 115(2), 352 BNS, registered at Police Station Unchahar, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.04.2025 against the informant's mother in law Shakuntala Devi and sister in law Guddi stating that both the accused persons harassed the informant and they compelled her to go for occult practices to exorcist. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is a married woman aged about 32 years having two children. She does not keep good health. Her mother in law and sister in law had taken her to the applicant who lives in a Durga temple and does occult practices. The applicant had come to the house of the informant's sister in law. He locked her inside a room and raped her. After the incident, the informant came back her home along with her husband and mother in law and she disclosed about the incident to her husband on 05.04.2025. She also stated that she has lodged the complaint of harassment against the family members of her husband but she forgotten to make a mention of this fact in the complaint. 5. In the medico legal examination report of the victim there is no mark of injury or sign of use of force on any part of her body. 6. In the statement of the victim recorded under Section 183 BNSS she stated that the applicant is mausa of her devrani. He took her inside a room under the pretext of curing her headache and he raped her. 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 she has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 27.04.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim herself is the informant who is a married woman aged about 32 years having two children and she did not disclose about the commission of rape in the F.I.R. lodged by herself and in her statement recorded under Section 180 BNSS, she had stated that she had forgotten to make a mention of commission of rape in the F.I.R.; that the allegation of commission of rape is not supported by the findings of medico legal examination report of the victim; that the applicant has no previous criminal history and he is languishing in jail since 05.04.2025 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-Suresh Kumar @ Suresh 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 :- 30.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench