Neutral Citation No. - 2025:AHC-LKO:29068 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 61 of 2025 Applicant :- Suraj Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Dinesh Kr. Sharma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dinesh Kr. Sharma, the learned counsel for the applicant as well as Sri Satyendra Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 328 of 2024, under Sections 64(2)(m), 352 B.N.S and Section 5(L)/6 of Protection of Children from Sexual Offences Act, registered at Police Station Masauli, District Barabanki. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 02.09.2024 against three persons, including the applicant stating that the applicant and co-accused persons, namely, Bablu and Kanti had taken away the informant's daughter aged 16 years on 24,07.2024. The police had recovered the informant's daughter after two days and she told that the applicant had raped her. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she knows the applicant for the past 4- 5 months. The applicant had given her a mobile phone but she had told it to her mother but her mother had lodge an F.I.R. She stated that the applicant had raped her about 2 to 3 months ago, and she does not know the date of the incident. 5. The medico legal examination of the victim revealed no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she knows the applicant for the past 4- 5 months. Co-accused persons Kanti and Bablu had taken her away to a jungle on the pretext of taking her to some fair. The applicant was present there. Both the co-accused persons went away and the applicant raped her. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years and he has been falsely implicated in the present case. The applicant's involvement in a previous case lodged by the present informant herself, which is F.I.R No.144 of 2024 under Sections 363, 366 I.P.C wherein it is stated that the applicant had enticed away the informant's daughter aged 16 years on 18.04.2024 and the informant herself had recovered from the applicant's house. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet dated 01.10.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim had gone away with the applicant earlier also regarding which an F.I.R was lodged and she has stated that she knows the applicant for several months, coupled with the fact that the medico legal examination of the victim has not revealed anything significant and that the applicant is a young man and he is languishing in jail since 24.09.2024 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Suraj Kumar be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. (Subhash Vidyarthi,J.) Order Date :- 16.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench