HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33870 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Shri Sanjay Kumar Singh, Advocate, has filed his vakalatnama on behalf of informant, which is taken on record. 2. Heard learned counsel for the applicant, Shri Chandan Singh, the learned A.G.A. for the State as well as learned counsel for the first informant and perused the record. 3. By means of the instant bail application, the applicant-Riyaz, seeks bail in Case Crime No. 166 of 2025, under Sections 137(2), 64, 87, 351(2) of B.N.S. and Section 3/4 of Protection of Children From Sexual Offences Act, Police Station Tarya Sujan, District Kushi Nagar. 4. The applicant is named in the F.I.R. The allegation against him is that grand daughter of the informant had been enticed away by the applicant on the false pretext of marriage. 5. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. Learned counsel for the applicant further submits that when the victim was recovered her statement under Section 180 B.N.S.S. was recorded wherein she has stated that she used to talk with the applicant for the last one and half year, her mother was used to scold her, on 20.05.2022 she left her house and met with the applicant and thereafter they reached Gorakhpur and stayed at the railway station and when elder brother of applicant called him they returned back, thus, she has not made any allegation of rape against the applicant. Thereafter, when statement of the victim under Section 183 B.N.S.S. was recorded he improved her story and made allegation that the applicant used to asked for marriage with her and made allegation of rape against him. The victim denied for her medical examination. Learned counsel further submits that though the victim in her statement recorded under Section 183 B.N.S.S. has improved her case by making specific allegation of rape against him, but in her statement Versus Counsel for Applicant(s) : Sandeep Kumar Chaturvedi Counsel for Opposite Party(s) : G.A. Riyaz .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) under Section 180 B.N.S.S. she has specifically stated that she used to talk with the applicant for the last one and half year, on the alleged date she left her house and met with the applicant and thereafter they reached Gorakhpur and stayed at the railway station and she has not made any allegation of rape against the applicant, thus, it appears that she was a consenting party. There are material contradictions in her both the statements and moreover she denied for her medical examination, therefore, in absence of any medical evidence it cannot be said that the applicant has committed her rape, thus, no offence is made out against the applicant and he has falsely been implicated in the case. He next submits that applicant is in jail since 11.06.2025, having no criminal history. 6. Per contra, learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail of applicant by contending that at the trial the victim had deposed her evidence as P.W.1 wherein she has made specific allegation of rape against the applicant while giving threats to her and thus, she has supported the prosecution case, therefore, he does not deserve any indulgence. 7. 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 that at the trial the victim had deposed her evidence and made specific allegation of rape against the applicant while giving threats, without expressing any opinion on the merits of the case, no case for bail is made out. 8. Accordingly, the bail application of applicant-Riyaz, is rejected. 9. However, the trial court is directed to make all possible efforts/ endeavour and try to conclude the trial expeditiously. October 7, 2025 Mustaqeem. BAIL No. 33870 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad