HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33641 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Case called out in revised. None has put in appearance on behalf of the first informant despite service of notice. Heard Shri Shyamu Shukla, learned counsel for the applicant and Shri Arimardan Yadav, learned AGA, representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Rishikesh Sahani, seeking enlargement on bail in Case Crime No. 350 of 2025, under Sections- 64 (1), 351 (3) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station-Geeda, District-Gorakhpur. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 04.06.2025. First Information Report has been lodged on 03.06.2025, with a delay of more than six months without any plausible explanation, in respect of an incident said to have occurred on 17.12.2024, against the applicant with the allegation that on the date of incident the applicant forcibly entered into the house of the first informant and raped his minor daughter and made a video clip of the incident. Learned counsel for the applicant submits there is contradiction in the statement of victim as in her statement under Section 180 BNSS she has said that the applicant has made physical relation forcibly whereas, in the statement under Section 183 BNSS she has stated that the applicant has made sexual relation with her in unconscious condition. Learned counsel for the applicant further submits that the medical report does not support the prosecution version. The victim in her statement herself has stated that she is 16 years of age which may be with variation of two years either way. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Versus Counsel for Applicant(s) : Shyamu Shukla Counsel for Opposite Party(s) : G.A. Rishikesh Sahani .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Learned learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rishikesh Sahani, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 6, 2025 Deepak/ BAIL No. 33641 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad