Neutral Citation No. - 2025:AHC-LKO:33502 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4877 of 2025 Applicant :- Akhilesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Applicant :- Hemant Tripathi,Gaurav Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Hemant Tripathi, the 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. 0011 of 2025, under Sections 64, 76, 351(2) B.N.S., registered at Police Station Patti, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.01.2025 stating that while the informant was alone at her home at about 1.30 p.m. on 10.12.2024 the applicant who is well known to her came there and said that her husband had send him for getting some documents relating to boring. When the informant went to get the documents inside her house the applicant entered the house and raped her. 4. In the statement of the informant recorded under Section 180 BNSS she stated that the applicant is son of her husband's maternal uncle. He came to her house between 1.00 to 1.30 p.m. on 10.12.2024. She had gone to change clothes after having a bath and the applicant raped her. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force on any part of her body. The pathological examination report mentions no spermatozoa seen in vaginal smear slide of the informant. 6. In the statement of the victim recorded under Section 183 BNSS she stated that a hand-pump is installed at the gate of her house. The applicant came there while she was bathing. He asked for certain documents and the informant stated that the documents were inside the room and the applicant should get it himself. While she was changing her clothes the applicant entered the room and 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 02.02.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 10.12.2024 but the F.I.R. has been lodged on 09.01.2025 after about a month and there is no explanation for the delay; that the narration of the incident in the F.I.R. and in the statements of the informant are different as has been noted above; that the allegations are not supported by the findings of medico legal examination report; that the applicant has no previous criminal history and he is languishing in jail since 02.02.2025 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-Akhilesh Kumar 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