Neutral Citation No. - 2025:AHC:106874 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23286 of 2025 Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Santosh Kumar Gupta, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Gaurav, seeking enlargement on bail during trial in connection with Case Crime No. 95 of 2025, under Section 70(1) B.N.S., Police Station Kudhfatehgarh, District Sambhal. 4. The first information report of the present matter was lodged on 19.05.2025 by Vinay against the applicant, Manoj and Dinesh alleging therein that on 18.05.2025 at about 5 pm his sister at the plot was giving fodder to the animals where three accused came on a motorcycle and asked for water from her. She went inside the house for bringing water after which Manoj went inside and caught hold of her and committed rape upon her. The other two accused persons also committed rape upon her simultaneously. 5. Learned counsel for the applicant submits that although the victim in her statement recorded under Section 180 B.N.S.S. has supported the prosecution case in full but in her statement recorded under Section 183 B.N.S.S. has stated that Manoj went to the field whereas Gaurav and Dinesh committed rape upon her. It is submitted that as such the prosecution story is not consistent. It is submitted that the victim has refused her medical examination and as such the entire prosecution story is false and concocted. It is submitted that the applicant has no criminal history as stated in para 14 and is in jail since 23.05.2025. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the present case is a case of gang rape and in so far as the applicant is concerned his role of committing rape upon the victim is consistent throughout. It is submitted that the present bail application be rejected. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report, statements of the victim recording during investigation. The applicant and other co-accused person are alleged to have committed rape on the victim. The present case is a case of gang rape. No ground for bail is made out. 8. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 9. Pending application (s), if any, shall stand disposed of. Order Date :- 8.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad