HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29687 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant, Sri Ravi Sahu, learned counsel for the first informant, Sri Birendra Pratap Singh, learned A.G.A. for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Shivam Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 126 of 2025, under Section 64(2)(1), 333, 351(3) B.N.S., registered at P.S. Bidhnu, District- Kanpur Nagar. 4. The F.I.R. of the matter was lodged on 4.6.2025 by the victim against the applicant alleging therein that her husband is a driver in a company and used to come home everyday but sometimes used to go outside also. On 30.5.2025 at about 12:00 a.m. she went to ease herself and while returning back when she entered into the house Shivam Yadav the person living in the same locality, also entered in the house along with country-made pistol. Shivam was in an intoxicated condition and put country-made pistol in her mouth and threatened her Versus Counsel for Applicant(s) : Nanhe Lal Tripathi, Prateek Prajapati Counsel for Opposite Party(s) : G.A., Ravi Sahu Shivam Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) and tore her clothes and committed rape upon her. He threatened her of not telling about it to anyone else he would murder her husband and children. In a disturbed condition she told about the incident to her husband who was also sleeping in the house. Her husband and his brother went to the house of Shivam but he had run away from there. Her report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the F.I.R. has been lodged after four days of the incident for which there is no plausible explanation given by the prosecution. It is submitted that although the victim was found to have received five injuries on her person but there is no explanation by the prosecution regarding the fact that husband of the victim was beating her due to which she received injuries and during the said incident many people of locality collected there amongst whom the applicant was also there, who tried to intervene and thus after getting annoyed of it, he has been falsely implicated in the present case, para-17 of the affidavit has been placed before the Court for the same. It is submitted that the applicant has no criminal history as stated in para-19 and is in jail since 12.06.2025. 6. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail and submitted that the prosecution story in so far as the applicant committing rape upon the victim is concerned, is consistent. It is submitted that the victim was found to have received 5 injuries on her body which is noted in her medical examination report. It is submitted that there is no reason for false implication of the applicant. It is further submitted that in so far as the delay in lodging of the F.I.R. is concerned, the victim while recording her statement under Section 180 B.N.S.S. was asked about it by the investigating officer, she stated that due to social reasons and feeling ashamed of the said incident, the F.I.R. was lodged after four days. It is submitted that the same is thus adequately explained. BAIL No. 29687 of 2025 2 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is named in the F.I.R. and in the statements of the victim recorded during investigation and is alleged to have committed rape upon the victim. The prosecution story is consistent. The victim was found to have received five injuries on her body. The defense of the applicant as argued and pleaded in para-17 of the affidavit does not at all transpire confidence. 8. 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. 9. The bail application is, accordingly, rejected at this stage. September 17, 2025 Naresh BAIL No. 29687 of 2025 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad