HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9304 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Harsh Pratap Singh, Advocate holding brief of Shri Ajeet Kumar Singh, learned counsel for the applicant, Shri Satyendra Srivastava, learned A.G.A. 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.137 of 2025, under Sections 140(4), 115(2), 352, 351(3) of BNS, registered at Police Station Sandila, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.04.2025 against 3 persons, including the applicant, stating that all the three accused persons had forcibly made the complainant sit on a motorcycle and when he tried to raise a hue and cry, all three accused persons beat him up with kicks, fists and sticks and they threatened him. He was afraid and ashamed. There was a marriage ceremony in his house therefore, he did not disclose the incident to anyone. He was suffering from body ache and when his mother inquired, he told her the entire incident. 4. In the statement recorded under Section 180 BNSS, the victim reiterated the F.I.R. version. 5. The medico-legal examination report of the victim mentions a contusion on left side of waist, abrasion over right shoulder, abrasion over left leg, Anal sphincter was increased and spasm was present and a canoe shaped healing ulcer is present at 6 O' clock position and the doctor gave opinion of acute anal fissure. 6. In the statement recorded under Section 183 BNSS, the victim stated that Versus Counsel for Applicant(s) : Ajeet Kumar Singh Counsel for Opposite Party(s) : G.A. Ajij .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) the accused persons has taken him to at burial groundand the accused Ayan had committed the misdeed against him by sodomizing him. He got unconscious for 2-3 minutes. When he resumed consciousness, the applicant was putting his clothes. 7. In the affidavit filed in support of the 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. Learned A.G.A. has opposed the bail application and he has stated that a charge sheet has been submitted on 06.05.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact the discrepancies in the statement of the victim and he has not specifically stated about commission of any misdeed by the applicant their statement under Section 183 BNSS and the applicant is languishing in jail since 17.04.2025 whereas the investigation already stands concluded, 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 - Ajij be released on bail in the aforementioned 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. September 25, 2025 S. Shivhare BAIL No. 9304 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench