Neutral Citation No. - 2025:AHC-LKO:15980 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1070 of 2025 Applicant :- Gangaram Chauhan Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Shiv Pal Singh,Ambrish Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shiv Pal Singh, the learned counsel for the applicant and Shri Anoop Kumar Tiwari, the learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 482/2024, under Sections 137 (1) Kha, 70 (2), 351 (3) of B.N.S. & Section 5(g)/6 of POCSO Act, 2012, Police Station Rupaidiha, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.12.2024 against three persons, including the applicant, on the basis of an application under Section 175 (3) of BNSS filed on 28.08.2024 alleging that while the informant was sleeping in her house, the accused persons entered there and forcibly took away the informant's daughter aged 14 years. They took her to a public toilet outside the village at a distance of about 500 meters and raped her. The informant's daughter came home and told her about the incident. The informant called on number 112 and the police from the local police station came there in the night itself and took away the applicant and Kandhai Chauhan. When the informant went to the police station in the morning alongwith her daughter, the police declined to register her case or to get her daughter's medico legal examination conducted. 4. In the affidavit filed in support of the application, it has been stated that the applicant is innocent and has been falsely implicated in the present case and he has no criminal history. 5. The State has filed the counter affidavit annexing therewith the material collected during investigation and a copy of the charge sheet dated 09.02.2025. It has further been stated in the counter affidavit that information of the present application has been delivered to the informant/ victim. 6. In her statement recorded under Sections 180 and 183 BNSS, the victim alleged commission of rape against her but when she was taken for medico legal examination, she declined to undergo the same. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although it is alleged in the FIR that the informant had given information of the incident by dialing number 112 immediately after the incident, there is no mention about any fact in this regard in the counter affidavit filed by the State and the informant has not come forward for the bail application in spite of having knowledge of the same; that although the FIR alleges commission of rape, the victim has declined to undergo medico legal examination and that the FIR has been lodged on the basis of an application under Section 175 (3) filed after about a month since the alleged incident and that the applicant has no criminal history and is languishing in jail since 25.12.2024, I am of the view that the applicant is entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Gangaram Chauhan be released on bail in the aforementioned 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. [Subhash Vidyarthi, J.] Order Date :- 19.3.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench