Neutral Citation No. - 2025:AHC-LKO:16333 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2366 of 2025 Applicant :- Sarfaraz Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Applicant :- Kartikay Singh,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kartikey Singh, the learned counsel for the applicant and Sri Mohd. Asif Khan, the learned AGA-I for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 567/2024, under Sections 376, 504, 506 IPC & 3/4 POCSO Act, Police Station Kotwali City, District Pratapgarh. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.10.2024 alleging that proposal of the informant's marriage with the applicant was under consideration. The applicant called her to Pratapgarh on 14.05.2024. He took her to a hotel and raped her. Thereafter, he declined to marry the informant. 4. In the statement of the informant recorded under Section 180 B.N.S.S., she reiterated the FIR version but she stated that she could not tell the room number of the hotel. 5. The informant declined to undergo medical examination. As per radiological examination report, the victim is major. 6. In the statement of the informant recorded under Section 183 B.N.S.S., besides reiterating the allegations levelled in the FIR, she stated that on an earlier occasion, the applicant had come to her home. Her mother was also present there and yet the applicant had made physical relations against her wishes. She wants to marry the applicant. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 28 years old innocent person having no criminal history. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 14.05.2024 and the FIR has been lodged on 15.10.2024; that the informant is major and in the subsequent statement, she has stated that even prior to the incident in question, the applicant had made physical relations with her inside her home while her mother was also present and that the applicant had declined to undergo medico legal examination; coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 26.11.2024, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Sarfaraz 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 :- 20.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench