Neutral Citation No. - 2025:AHC-LKO:23250 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13072 of 2024 Applicant :- Ankit Bajpai Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Deptt. And 4 Others Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Suraj Kumar,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Surendra Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Atul Verma, learned counsel for the applicant, Ms. Shikha Sinha, learned A.G.A. for the State, Shri Surendra Singh, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.269 of 2024 under Sections 64(2), 74, 351(2) of B.N.S. & Section 5/6 of P.O.C.S.O. Act registered at Police Station- Indira Nagar, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.10.2024, stating that the informant's daughter aged 17 years and the applicant study in the same college. The applicant prepared some photo and video of the informant's daughter and he started blackmailing her on the strength thereof. He took her to a Hotel room between 12:00 Noon and 03:00 PM on 31.08.2024 under pretext of deleting the photo and video and he raped her there. The informant's daughter disclosed this incident to her mother on 04.10.2024. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant had forcibly prepared her obscene video inside washroom of the college and thereafter he used to threaten her on the strength of that video. When she asked the applicant to delete the video, he took her to a room near Chandan Hospital and forcibly made physical relations with her while she was crying and even after that he did not delete the photo and video. On the strength of the photo and video, the applicant forcibly made physical relations with her in college washroom on two occasions i.e. on 31.08.2024 and 10.09.2024. 6. The medico-legal examination report mentions no mark of injury or sign of use of force 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that in the first incident that took place in the washroom of the college, the applicant had pushed her and she had fallen down. The applicant closed the washroom door from inside and prepared her obscene video. On the strength of that photo and video, he took her inside the washroom on two more occasions and had sex with her on 10th September and 27th September. She further stated that the applicant used to ask her to behave like his girlfriend. 8. The State has filed a counter affidavit opposing the bail application annexing therewith the material which has already been annexed with the bail application. A copy of the charge- sheet dated 26.11.2024 has also been annexed with the counter affidavit. The informant has also filed a counter affidavit opposing the bail application. 9. Learned A.G.A. as well as the learned counsel for the informant have vehemently opposed the bail application and they have submitted that the applicant has physically exploited a college student inside the college. The allegations have been established during investigation and a charge-sheet has already been submitted. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the statement of the victim, the incident took place repetitively since August, 2024 and the FIR has been lodged on 05.10.2024; the allegation of commission of rape is not supported by the findings of the medico-legal examination report and that the applicant is a young man having no criminal history and he is languishing in jail since 05.10.2024 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Ankit Bajpai 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 :- 23.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench