Neutral Citation No. - 2025:AHC-LKO:44290 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7076 of 2025 Applicant :- Akash (Akash Kumar As In Fir ) Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Rajesh Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. On a query being put to learned AGA, he submitted that he has complete instructions in the matter and is ready to argue the case on merits, as such, this Court proceeded to hear the instant application seeking bail on merits. 2. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record. 3. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 199/2025, under Sections 64(1), 75, 351(2) B.N.S., Police Station- Jaidpur, District- Barabanki. 4. It is stated that the allegations levelled in the FIR against applicant, lodged after delay of about 12 hours from the time of alleged crime committed by the applicant, and also the subsequent story developed during investigation is completely false and concocted, as no such incident, as alleged, was occurred or committed by the applicant. The applicant has also not committed the crime as indicated during investigation by the victim i.e. rape, based upon which, Section 64 B.N.S. was added by the Investigation Officer (in short "I.O."). 5. Explaining the aforesaid, it is stated that a perusal of Annexure No. 2 of the instant application, which is the medical examination report of informant/victim carried out on 12.06.2025 at about 6.50 P.M. by the Dr. Hemant Kumar at C.H.C., Jaidpur, District- Barabanki, where, the applicant is posted as ward boy and victim is posted as staff nurse, the victim has levelled no allegation so as to attract the offence as indicated under Section 75 B.N.S. or Section 64 B.N.S. and the same would also show that in the incident, the victim sustained two injuries i.e. (1) contusion 6cm x 0.5 cm. and (2) contusion 6cm x 0.1 cm. and from this medical report, it can be inferred/deduced that some altercation took place and the victim sustained injured in the same. 6. It is further stated that just to create gravity, the victim got herself medically examined on 20.06.2025 i.e. after delay of about 8 days and this medicolegal examination report of victim annexed as Annexure No. 8 to the instant application would show that the same does not support the story of prosecution. 7. It is further stated that the victim had also implicated Dr. Sushil Kumar Saroj, In-charge of C.H.C., Jaidpur, Barabanki with oblique motive. 8. It is also stated that the story of prosecution is not intact as initially the FIR was lodged by the victim making allegations therein so as to attract the offence as indicated under Section 75 B.N.S., akin to Section 354 IPC, and subsequently, during investigation, the allegations have been levelled by the victim so as to attract the offence as indicated under Section 64 B.N.S., akin to 376 IPC. 9. It is further submitted that applicant, having no criminal history, is languishing in jail since 20.06.2025. In these circumstances, the present application is liable to be allowed and the applicant may be enlarged on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. 10. Learned A.G.A. opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the applicant. 11. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the applicant and learned A.G.A., F.I.R. as also the fact that the applicant has not been previously convicted for any offence and he is in jail since 20.06.2025 as also the chances of conviction of the applicant in the instant case, this Court finds that the present applicant is liable to be allowed. Accordingly, it is allowed. 12. Let the applicant- Akash (Akash Kumar as indicated in FIR) be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 13. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 14. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observations made in this order. Order Date :- 31.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench