Neutral Citation No. - 2025:AHC-LKO:15754 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2218 of 2025 Applicant :- Ahmad @ Mohd. Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. AND Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2220 of 2025 Applicant :- Gulfan Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. And 3 Others Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Learned A.G.A. has informed that information of the present cases has been served on the informant/victim. 2. Learned counsel for the applicant has not appeared. 3. Heard Smt. Amirun Nisha, mother of the applicants, who has sworn the affidavits filed in support of these applications, Shri Rajeev Kumar Verma, learned A.G.A. for the State and perused the records. 4. Both the applications have been filed seeking release of the applicants on bail in Case Crime No.12 of 2025, under Sections 137 (2), 87, 123, 351(3), 70(2) of the B.N.S., 2023 and Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Hanswar District Ambedkar Nagar. 5. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.01.2025 against the applicants alleging that applicant Gulfan had enticed away the informant's daughter aged about 16 years and Ahmad @ Mohd. Ahmad had assisted him. 6. The recovery memo mentions that the victim was recovered from the roadside near Bahi Trisection on the basis of information received from a mukhbir and she stated that Gulfan was accompanying her and had gone away to fetch water. 7. In the statement of the victim recorded under Section 180 of B.N.S.S., she stated that she used to talk to Gulfan for the past three months. Gulfan had taken her to a grove where he made relations with her during night. They stayed together during entire night and then they went to the police station, which statement is in contradiction with the claim of the police that the victim was recovered from the roadside near Bahi trisection. 8. The medical examination report mentions no injury on any part of the victim's body. 9. In the statement of victim recorded under Section 183 of B.N.S.S., she stated that both the accused persons had taken her to a jungle and they forcible raped her. She stated that she did not have any communication with any of the accused persons prior to the incident. 10. In the affidavit filed in support of the bail applications it has been stated that the applicants namely Gulfan and Ahmad @ Mohd. Ahmad are aged about 18 and 22 years old respectively and are innocent, they have been falsely implicated in the present case and they have no criminal history. 11. Learned A.G.A. has opposed the prayer for bail. As per instructions provided to him, no alive or dead spermatozoa has been found in pathological examination of vaginal swab of the victim. 12. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that F.I.R. alleges that the victim had been enticed away by Gulfan with assistance of Ahmad @ Mohd. Ahmad; that the recovery memo mentions that the girl was recovered from the roadside of Bahi trisection, whereas the victim stated before the Doctor that the accused persons and she stayed during entire night and then they went to the police station; that no sign of use of force or mark of injury was found on any part of her body and the allegation of rape is not supported by the pathological examination report also and that the applicants are young aged about 18 and 22 years having no previous criminal history 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 applicants on bail in the aforesaid crime. 13. Accordingly, this bail applications stand allowed. 14. Let the applicants- Ahmad @ Mohd. Ahmad and Gulfan be released on bail in the aforesaid case on furnishing their personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court, unless their appearance is exempted by the learned trial court. Order Date :- 18.3.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench