HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6836 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Mss. Mrigakshi Naman holding brief of Sri Hemant Kumar Mishra, learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.227 of 2025, under Section 333, 64, 351(2) of BNS, Police Station Bhira, District Lakhimpur Kheri. 3. In terms of the FIR, it was alleged that that when the informant was sleeping along with her four children, she was cached by the applicant and started misbehaving with her and subsequently, the physical relation was formed against her consent. It was also stated that the husband of the informant had gone out of the agricultural field. Similar statements under Sections 180 and 183 of BNSS were given. The medical on record does not corroborate the allegation. The victim is aged about 30 years. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the improbability of the statement that the victim was sleeping with four children and relation was formed against her consent; the medical does not corroborate and the fact that the applicant has no criminal antecedents and is languishing in jail since 12.06.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, Versus Counsel for Applicant(s) : Hemant Kumar Mishra, Abhishek Mishra, Arti Ganguly Counsel for Opposite Party(s) : G.A. Shiv Bihari Giri .....Applicant(s) State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) the bail application is allowed. 6. Let the applicant Shiv Bihari Giri be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. October 17, 2025 akverma BAIL No. 6836 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench