HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34634 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant as well as Shri Rajendra Singh, learned A.G.A. for the State and perused the record. 2. By means of the instant bail application, the applicant, Mithilesh Yadav @ Kariya, is seeking bail in Case Crime No. 315 of 2025, under Sections 64, 74, 351(3) of B.N.S., Police Station Phoolpur, District Azamgarh. 3. The F.I.R. was lodged against the applicant alleging therein when the informant went to agricultural field to ease herself the applicant dragged her in a sugarcane field and started committing obscene activity with and he also threatened her for dire consequences. 4. Learned counsel for the applicant submits that though in the F.I.R. the informant made only allegation of molestation and obscene activity against the applicant, but in statement recorded under Section 180 & 183 of B.N.S.S. she has developed her case and has made allegation of rape against the applicant. The victim was medically examined and in her medical examination no external or internal injury was found on her person. Thus, there are material contradiction in the prosecution story. There is old enmity between the family members of applicant and the victim as earlier the mother of the applicant has lodged a first information report dated 03.06.2024 against the present victim and her two other family members as Case Crime No. 0296 of 2024, under Section 506, 504, 323 I.P.C., therefore, the present F.I.R. has been lodged implicating the applicant to make pressurize upon the applicant and his family members to compromise the matter anyhow. The applicant is in jail since 10.07.2025, with no previous criminal antecedents to his credit. 5. Per contra, learned A.G.A. while opposing the prayer for bail of the applicant has submitted that as there was old enmity between the family members of applicant and the victim, therefore, there is strong motive for the applicant to commit the alleged crime, therefore, the applicant does Versus Counsel for Applicant(s) : Rajesh Kumar Counsel for Opposite Party(s) : G.A. Mithilesh Yadav @ Kariya .....Applicant(s) State of U.P. .....Opposite Party(s) not deserve any indulgence at this stage. 6. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, no case for bail is made out. 7. Accordingly, the bail application of applicant-Mithilesh Yadav @ Kariya, is rejected. October 8, 2025 Mustaqeem. BAIL No. 34634 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad