Neutral Citation No. - 2025:AHC-LKO:17409 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12722 of 2024 Applicant :- Amit Saroj @ Ameet Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Lalji Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Rejoinder affidavit filed today in court is taken on record. 2. Heard Sri Lalji Yadav, learned counsel for the applicant, Sri Anurag Verma, learned A.G.A.-I for the State and perused the records. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 261 of 2024, under Sections 64, 351(2) B.N.S., registered at Police Station Maheshganj, District Pratapgarh. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged at 18.44 Hrs. on 10.09.2024 alleging that while the informant was bathing inside her house at 09.00 a.m. on 10.09.2024 the applicant who is her neighbor came there through the rooftop. He entered the bathroom and raped the informant by inserting his finger in her vagina. Mausa of the informant's husband was present inside the house and he came there hearing the noise whereupon the applicant ran away while threatening them. In the statement of the informant recorded under Section 180 BNSS she reiterated the F.I.R. version except that she did not state that the applicant had inserted his finger in her vagina. The site plan prepared by the Investigating Officer has been annexed with the bail application, which shows that the applicant's house is not adjacent to the informant's house. The other person said to be present in the house at the time of incident has also supported the F.I.R. version. 5. The medico legal examination report of the victim does not state any mark of injury or sign of use of force on her body. 6. During the statement of the informant recorded under Section 183 BNSS, she stated that her husband is a constable, posted at Kanpur. She further stated that the applicant has committed similar misdeeds against three other girls at earlier occasions. 7. In the affidavit filed in support of 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. It has further been stated that there was some dispute between the parties regarding drainage, regarding which some settlement has been entered into in panchayat on 08.09.2024. 8. The State has filed a counter affidavit annexing therewith the copies of materials collected during investigation and a copy of the charge sheet submitted on 10.10.2024. 9. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant initially alleged commission of rape by insertion of finger by the applicant but she did not say so during her statement; that the informant stated that the applicant came through rooftop of her house, wheres the informant's house is shown in the site plan to be not adjoining the applicant's house; that although the informant alleged that the applicant has committed similar misdeeds on numerous prior occasions but no such fact came to light during investigation; that the applicant has no previous criminal history and he is languishing in jail since 23.09.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Amit Saroj @ Ameet Saroj 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 :- 26.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench