Neutral Citation No. - 2025:AHC-LKO:14220 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11812 of 2024 Applicant :- Shivam Soni Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Arvind Kumar Kanaujea,Anurag Bharadwaj,Ravi Prakash Nigam,Shailendra Kumar Tiwari,Vijay Kumar Dubey,Vikas Misra Counsel for Opposite Party :- G.A.,Sushil Kumar Gupta Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shailendra Kumar Tiwari, learned counsel for the applicant, Ms. Rafiya Farooqui, learned AGA for the State and Shri Hari Pal Singh holding brief of Sri Sushil Kumar Gupta, learned for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 398/2024, under Sections 123, 308(2), 64(2)(M) of BNS, Police Station Thakurganj, District Lucknow. 3.The aforesaid case has been registered on the basis of F.I.R. lodged on 29.08.2024 stating that the informant is aged 30 years and is working in KGMU, Lucknow as a nurse. She resides in a rented accommodation and the applicant also resides in the same house on rent. The applicant had made her consume some intoxicating substance about 8-10 months ago and had prepared an obscene video. On the strength of that video the applicant had raped her repetitively. 4. 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. 5. On the same day, an FIR No. 399/2024 had been lodged by the applicant's father for offences under Sections 127(2), 351(3), 352 & 115(2) BNS against the informant and three other persons, stating that the accused persons had beaten up the applicant on 28.08.2024. Some photographs showing the applicant in an injured condition have been annexed with the application. The applicant was treated in KGMU, Lucknow. Some photographs have been annexed with the affidavit showing the applicant and the informant in affectionate gestures. 6. The State has filed a counter affidavit opposing the bail application. The material collected during investigation has been annexed with the counter affidavit and no obscene video came to light during investigation. The informant has also filed a counter affidavit and no material has been annexed therewith which may support the FIR allegations. 7. Keeping in view the aforesaid facts, I am of the view that the applicant is entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Shivam Soni 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. . [Subhash Vidyarthi, J.] Order Date :- 7.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench