Neutral Citation No. - 2025:AHC-LKO:21109 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11132 of 2024 Applicant :- Vijay Kumar @ Pintu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Pramod Kumar Singh,Manish Mehrotra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pramod Kumar Singh, learned counsel for the applicant and Sri Ravi Srivastava, learned A.G.A. 2. The instant application has been filed seeking release of the applicant on bail in F.I.R./Case Crime No. 141 of 2024, under Sections 376, 452, 506 I.P.C. (now 64(1), 333, 351(2), B.N.S.), Police Station Bheeti, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.05.2024 stating that the informant’s husband lives at Mumbai and she resides at her home in District Ambedkar Nagar alone. The applicant had raped her inside her home about one year ago and had videographed the incident and under threat of spreading the video virally the applicant kept on physically exploiting the applicant. For this reason the applicant had gone away to live with her husband at Mumbai. She came back to attend a wedding on 13.05.2024. The applicant entered the informant’s house at about 1.00 a.m. on 15.05.2024 and tried to take her out of her home forcibly. Upon hearing her voice, her husband’s elder brother and his wife woke up and the applicant escapped. 4. In the statement of the victim recorded under Section 161, Cr.P.C. she reiterated the F.I.R. version. 5. The Medico-Legal Examination report mentions age of the informant to be 35 years. No mark of injury or sign of use of force has been found on any part of the body. 6. In the statement of the victim recorded under Section 164, Cr.P.C. she reiterated her earlier version. She stated that the applicant had defamed her by showing her video to the villagers. 7. In the affidavit filed in support of the application it has been stated that applicant is innocent and and he has been falsely implicated in the present case. The applicant’s involvement in another criminal case has also been disclosed in para-20 of the affidavit, in which he has been granted bail by means of an order dated 20.09.2024 passed by the Chief Judicial Magistrate, Ambedkar Nagar. 8. The State has filed a counter affidavit opposing the bail application. Copies of the material collected during investigation and a copy of the chargesheet dated 12.06.2024 have been annexed with the counter-affidavit. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation of preparation of some obscene video could not be established during investigation and, therefore, the allegation of exploitation on the strength of some obscene video could also not be established; the allegation of use of forse is also not supported by the findings of the Medico Legal Examination’s report and that the applicant is languishing in jail since 30.05.2024; the investigation has been concluded and chargesheet has been filed, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Vijay Kumar alias Pintu 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 :- 15.4.2025/A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench