Neutral Citation No. - 2025:AHC-LKO:25568 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56 of 2025 Applicant :- Aarif Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Dharmendra Kumar Tripathi,Mohd.Mateen Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Mateen, learned counsel for the applicant as also Sri Anil Kumar Verma, the learned A.G.A.-I, and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 668 of 2024, under Sections 70(2), 352 of B.N.S. 2023, Section 5G/6, POCSO Act, and Section 3(2)(v), S.C./S.T. Act, Police Station Kotwali Nagar, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.09.2024 against two persons incuding the applicant stating that the accused persons took the informant’s daughter in their car under allurement of getting a mobile for her and both of them raped her in the car. 4. In the statement of the victim recorded under Section 180, B.N.S.S. she stated that while she was alone in her home, the co-accused came there and asked her to go for a drive and allured to get a mobile phone for her. When she went with him, the applicant was already sitting in the car. After some distance the applicant got down and the co-accused raped her. Afterwards the co-accused got down and the applicant raped her. 5. In the medico-legal examination report of the victim no mark of injury or sign of use of force has been reported. 6. In the pathological examination report, no dead or living spermatazoa was seen in the vaginal smear slide. 7. In the statement of the victim recorded under Section 183, B.N.S.S. she stated that both the both the accused persons raped her. 8. In the affidavit filed in support of the bail-application, it has been stated that the applicant is a youngman, aged 25 years, having no criminal history and He has been falsely implicated in the present case. 9. The State has filed a counter-affidavit annexing therewith copies of material collected during investigation and a copy of the chargesheet submitted on 29.10.2024. 10. Learned counsel for the applicant has submitted that the other accused person has been granted bail by means of order dated 6.3.2025 passed by a Coordinate Bench in Criminal Revision No. 89 of 2025. 11. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in another criminal case, in which he has been granted bail. 12. Learned A.G.A. has opposed the bail-application and he has submitted that the co-accused has been granted bail treating him to be ‘juvenile’, whereas that benefit is not available to the applicant, though he could not dispute the fact that the allegations levelled against both the accused persons are same. 13. Keeping in view the aforesaid facts, coupled with the fact that the medico-legale examination of the victim was conducted within 24 hours of the incident and its finding do not support the commission of rape, coupled with the fact that the applicant is a youngman, aged 25 years, having no criminal history and he is languishing in jail since 08.09.2024, whereas investigation stands concluded, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 14. Accordingly, this bail application stands allowed. 15. Let the applicant- Aarif be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 2.5.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench