Neutral Citation No. - 2025:AHC-LKO:38655 Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6297 of 2025 Applicant :- Angad Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. To Home Lko. Counsel for Applicant :- P.C.Maurya Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Sri Dhirendra Kumar Yadav, learned counsel, holding brief of Sri Pramod Kumar Yadav, Advocate has filed vakalatnama on behalf of the complianant, which is taken on record. 2. Heard learned counsel for the applicant and learned AGA for the State. 3. By means of this bail application, the applicant, who is involved in FIR No. 0342/2024, under Sections 70(1), 140(1), 351(2), 352 B.N.S., Police Station Krishna Nagar, District Lucknow is seeking enlargement on bail during the trial. 4. Brief facts of this case are that an FIR dated 27.07.2024 has been lodged against the applicant by the victim/complainant alleging therein that the applicant had come to her house and forcibly took her on the bullet motor cycle to Azamgarh and checked in a hotel and outraged the modesty of the informant/victim. 5. Learned counsel for the applicant has submitted that the statement of the informant/victim was recorded under Section 180 B.N.S.S. in which she has made a statement which is corroborated with the allegation made in the FIR but at the time of recording of the statement under Section 183 B.N.S.S, the whole prosecution story has changed or taken a U-turn by stating therein that the applicant, Aman Yadav and Rajesh had forcibly entered into the house of the victim and the applicant put pistol and closed her mouth, dragged her to the motor car and forcibly all of them took her to Azamgarh in a Hotel and all of them outraged her modesty meaning hereby, that the informant/victim had developed a new case in her statement recorded under Section 183 BNSS. 6. It is further submitted that even the ocular evidence of the informant/victim does not corroborate with the medical evidence. As per the medical report, no evidence of forceful penetration or by any blunt objection was found. 7. It is further submitted that one of the co-accused person namely Aman Yadav has approached this Court by filing Criminal Misc. Bail Application No. 2274 of 2025 in which bail has been granted by this Court by its order dated 20.03.2025. Copy of the bail order has been enclosed as Annexure no. 5 to the paper book and the bail has been granted on one of the main ground that no mark of injury or use of force has been reported in the medico legal examination report of the victim. 8. It is further submitted that the applicant has disclosed his criminal history in para 11 of the paper book and in all the cases only the summons have been issued against him and he has not been convicted in any of the cases. The applicant is in jail since 10.05.2025. 9. On the other hand, learned AGA and the learned counsel representing the victim/informant have vehemently opposed the bail application. However, learned AGA is unable to dispute the submissions made by learned counsel for the applicant particularly with regard to the ocular evidence which does not corroborate with the medical evidence and that is one of the ground to grant bail to the another co-accused person. 10. Learned counsel for the victim/informant has stated that under some confusion, initially she was unable to give full details of the case and the FIR is simply a first information not an encyclopedia of the case so the statement given under Section 183 BNSS is the correct fact of the case but he is also unable to dispute the fact that the ocular evidence does not corroborate with the medical evidence. 11. After hearing learned counsel and going through the record of the case, prima facie, it is found that the medical evidence does not corroborate with the ocular evidence and totally a different case has been taken in the subsequent statement by the victim/informant, as such the applicant is entitled to be enlarged on bail. 12. Accordingly, the instant bail application is allowed. 13. Let the applicant - Angad Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the 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. Order Date :- 8.7.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench