HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29612 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Krishna Shankar, learned counsel for the applicant, Sri Vinay Kumar Mishra, learned counsel for the first informant, Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. Despite name of Sri Vinay Kumar Mishra being printed in the cause list, there is no vakalatnama on the record. Office to trace it out and place it on the record and make a note about it in the order sheet. 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Ashok Kumar, seeking enlargement on bail during trial in connection with Case Crime No.28 of 2025, under Sections 64, 329, 115(2), 352, 351(2) B.N.S. registered at P.S. Ayana, District- Auraiya. 5. The F.I.R. of the matter was lodged on 17.3.2025 by the victim against the applicant and 04 other identified persons and one unknown persons alleging therein that on 23.2.2025 at about 12:00 p.m. the applicant along with one unknown person entered into the house. Unknown person was carrying a country-made pistol. The applicant then committed rape upon her and unknown person threatened her with country-made pistol. They threatened her of not going to police station and making a complaint. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the applicant is father-in-law of the victim/first informant. It is submitted that the F.I.R. has been lodged after 23 days of the incident for which there is no plausible explanation. It is submitted while placing para-12 of the affidavit that the victim wanted to grab entire property of the applicant since he has sold out his agricultural land for sale consideration of Rs.8,25,000/- and the victim demanded Rs.5,00,000/- which the applicant refused and thus the present Versus Counsel for Applicant(s) : Krishna Shankar Counsel for Opposite Party(s) : G.A., Suresh Yadav, Vinay Kumar Mishra Ashok Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) false F.I.R. has been lodged. It is submitted while placing para-14 of the affidavit that charge sheet dated 1.4.2025 has been filed against the applicant. It is submitted that the applicant has no criminal history as stated in para-21 of the affidavit and is in jail since 18.3.2025. 7. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail and argued that in the present case the victim states of recording entire incident in her mobile phone by silently switching it on and keeping it in the room. It is submitted that said video was given by the victim to Investigating Officer which has been seen by the Investigating Officer in which the applicant has been seen in the video committing the said incident. It is submitted that the same is part of case diary and reference has been made to the case diary, transcript copy of the said video has been placed before the Court which is annexure no. 5 to the affidavit. It is submitted that as such there is ample credible evidence against the applicant and as such the prayer for bail be dismissed. 8. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is father-in-law of the victim. The present incident was recorded in a mobile phone which was switched on and kept by the victim in her room. The said recording forms part of the case diary which was viewed by the Investigating Officer in which the applicant has been seen committing the said incident. Charge sheet in the matter has been submitted against the applicant. 9. Looking into the facts and circumstances of the case as well as nature and gravity of the offence, I am not inclined to release the applicant on bail. 10. The bail application is, accordingly, rejected. September 17, 2025 Naresh BAIL No. 29612 of 2025 2 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad