1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.179 of 2024, registered under Sections 376, 493, 313 I.P.C., Police Station Kishni, District Mainpuri during pendency of the trial.

3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Prosecution story is that victim went to house of her sister there applicant (brother-in-law) committed rape. Thereafter several times, applicant and victim made physical relation. As per High School Certificate, victim is major and on perusal of statement of victim and contents of FIR, it appears that relation between the applicant and victim is consensual. Victim herself took medicine to abort her pregnancy. Medical examination report is not supported the prosecution case. He next submitted that present FIR is counter attack of NCR lodged against father of the informant on 15.01.2024 by the mother of the applicant. Applicant has no criminal history. The applicant is languishing in jail since 08.06.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

4. Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant and submitted that the applicant has committed rape and there is evidence against the applicant.

5. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

6. Let the applicant, Lakshman, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.