Neutral Citation No. - 2025:AHC-LKO:26842 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1927 of 2025 Applicant :- Ramesh Upadhyay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Iqbal Ahmad,Ripu Daman Shahi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Iqbal Ahmad, learned counsel for the applicant, Sri Arvind Kumar Pandey, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 07 of 2025, under Sections 65(2) B.N.S. and Section 5(M)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Fakharpur, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.01.2025 stating that while the informant's daughter aged about 12 years had gone to attend the call of nature near a canal at about 5.30 p.m. on 08.01.2025 the applicant dragged her in a field, took off her trouser and did obscene activities. After some time the applicant let her free. 4. In the statement of the victim recorded under Section 180 BNSS she has reiterated the F.I.R. version. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force and the hymen has been reported to be untorn. 6. In the statement of the victim recorded under Section 183 BNSS she alleged commission of rape by the applicant. 7. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. A copy of the affidavit given by the informant to the Superintendent of Police concerned has been annexed with the bail application, wherein the informant has stated that she has implicated the applicant after having been misled by some person. 8. The State has filed a counter affidavit annexing therewith copies of relevant material collected during investigation and a copy of charge sheet dated 09.01.2025. The learned counsel for the State has also submitted that the information of the application has been delivered to the informant through police. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the initial statement the victim and the informant have merely alleged misbehaviour by the applicant; that although in the statement under Section 183 BNSS the victim alleged commission of rape, in the medico legal examination report hymen has been reported to be intact; that the applicant has no previous criminal history and he is languishing in jail since 09.01.2025 and the investigation already stands concluded and subsequently the informant has given an affidavit resiling from the allegations levelled earlier and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Ramesh Upadhyay 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 :- 7.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench