HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 45238 of 2024 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material placed on record. 2. By means of the instant bail application, the applicant, Imtiyaz Ahmad alias Raju Pilot, is seeking bail in Case Crime No. 192 of 2024, under Sections 137(2), 123, 70(2) of B.N.S. and Section 5g/6 of Protection of Children From Sexual Offences Act, Police Station Koraon, District Prayagraj. 3. The applicant is named in the F.I.R. along with one named person and some unknown persons. The F.I.R. alleges that all the accused including the applicant after snorting some drugs to the minor daughter of informant aged about 14 years kidnapped her and committed her rape and thereafter they left her in unconscious condition. 4. Learned counsel for the applicant submits that when the victim was recovered her statement under Section 180 B.N.S.S. was recorded in which she has not made any allegation of rape against the applicant, but later on when her statement under Section 183 B.N.S.S. was recorded she has made specific allegation of rape against the two named accused including the applicant and four other persons. Thus, she has made allegation of rape against six persons, but after investigation the Versus Counsel for Applicant(s) : Moeez Uddin, Pradeep Kumar Rai Counsel for Opposite Party(s) : Brijesh Kumar Kesharwani, G.A., Mohammad Waseem, Umakant Kushwaha Imtiyaz Ahmad Alias Raju Pilot .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Investigating Officer exonerated those four unknown persons and submitted charge sheet against the two named accused including the applicant, which creates doubt about the veracity of the prosecution case. The applicant is in jail since 24.07.2024, with no previous criminal antecedents into his credit. 5. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail and has submitted that this is a case of gang rape. The victim has made specific allegation of rape against the applicant and one other accused named in the F.I.R. in her statement recorded under Section 183 B.N.S.S. and moreover in her medical examination six external injuries were also found on her person, thus, applicant does not deserve any indulgence at this stage and his prayer for bail may be rejected. 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 and considering the fact that victim has made specific allegation of rape against the applicant and one other accused named in the F.I.R. in her statement recorded under Section 183 B.N.S.S. and moreover in her medical examination six external injuries were also found on her person, without expressing any opinion on the merits of the case, no case for bail is made out. 7. Accordingly, the bail application of applicant-Imtiyaz Ahmad Alias Raju Pilot, is rejected. October 16, 2025 Mustaqeem. BAIL No. 45238 of 2024 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad