Neutral Citation No. - 2025:AHC-LKO:24830 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1987 of 2025 Applicant :- Pramod Saroj @ Gunda Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Sumit Kumar Srivastava,Gyan Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Gyan Singh, learned counsel for the applicant as also Sri Anshuman Verma, the learned A.G.A. and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0306 of 2024, under Sections 64,75,76,115(2),352,351(2), B.N.S. 2023 and Section 3/4, POCSO Act, Police Station Dehat, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.09.2024 stating that when the informant’s daughter was alone in her home, the applicant dragged her inside the home at about 8.30 a.m. on 10.09.2024 and tried to rape her. When she raised a hue and cry, grandfather of the victim ran with a stick, whereupon the applicant ran away. 4. In the statement of the victim recorded under Section 180, B.N.S.S. she reiterated the F.I.R version. 5. The medico-legal examination report of the victim does not reveal any mark of injury or sign of use of force. 6. Pathological examination report mentions ‘No spermatazoa seen in the examined smear.’. 7. As per radiological examination, age of the victim has been opined to be 18 years. 8. In the statement of the victim recorded under Section 183, B.N.S.S. she alleged commission of rape. 9. State has filed a counter a counter-affidavit annexing therewith copies of the material collected during investigation and copy of chargesheet submitted on 07.11.2024. 10. A rejoinder-affidavit has been filed on behalf of the applicant annexing therewith copy of the statement of the victim recorded before the trial court and she has been declared to be hostile. 11. Having considered the aforesaid facts and circumstances of the case, 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. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Pramod Saroj alias Gunda 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 :- 30.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench