Neutral Citation No. - 2025:AHC-LKO:21119 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11294 of 2024 Applicant :- Santosh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Anand Kumar Yadav Counsel for Opposite Party :- G.A.,Jyotinjay Verma Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Katyayan Mishra, Advocate, holding brief of Sri Anand Kumar Yadav, learned counsel for the applicant and Sri Pranesh Kumar Sinha, learned A.G.A. 2. A request for adjournment of this case has been made on behalf of Sri Jyotinjay Verma, learned counsel for the informant on the ground that he has gone out of station. The informant has a right to oppose the bail-application, but he has no right to seek adjournment on the ground of unavailability of the counsel, when the applicant is languishing in jail, the State has filed a counter-affidavit and the learned A.G.A. is present to advance submission in opposition to the bail application. 3. The instant application has been filed seeking release of the applicant on bail in F.I.R./Case Crime No. 303 of 2024, under Sections 64, 127(2), 115(2), 351(3), B.N.S.S., Police Station Kotwali Bikapur, District Ayodhya. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.08.2024 stating that the informant is aged 19 years. Her marriage had got settled with the applicant, who is a person aged 23 years. Later on, the informant's family members came to know about certain adverse facts regarding the behaviour and character of the applicant and, therefore, they declined to get the informant married with the applicant. The informant had gone to attend the call of nature between 10-11 p.m. on 2.8.2024 and as soon as she came out, the applicant gagged her mouth, took her inside her own room and by threatening her with a knife the applicant tore away her clothes, tied her hands and legs, and raped her, while at the same time he took obscene photographs of the informant also. Thereafter the applicant set the hands of the informant free and opened the door of the room and went away. 5. In the statement of the victim/informant recorded under Section 180, B.N.S.S. she reiterated her earlier version and a similar statement was given by the victim before the Magistrate also. 6. The Medico-Legal Examination report of the victim states that no mark of injury or sign of use of force was found on any part of her body. 7. In the affidavit filed in support of the application it has been stated that the applicant is innocent. He has been falsely implicated in the present case. 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 26.09.2024 have been annexed with the counter-affidavit. 9. As per educational certificate date of birth of the victim is 6.2.2004 and at the time of incident she was major. The informant also has filed a counter affidavit annexing therewith a copy of the spot-inspection report, as per which the incident took place in a room inside the informant's house. A knife and a baniyan is said to have been recovered from the spot. 10. Learned counsel for ther applicant has submitted that the informant claims that the incident took place inside a room in her house while her family members were present and yet the applicant gave effect to the incident and thereafter walked away from the house safely and no person in the informant's house could come to know anything about the insident, is very strange. Further, he has submitted that the allegagtion of preparation of obscene video of the incident could not be supported by any material collected during investigation. 11. Having considered the aforesaid facts and circumstances of the case, I find force in the aforesaid submission of the learned counsel for the applicant made for the purpose of release of the applicant on bail. Therefore, 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- Santosh 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 :- 15.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench