Neutral Citation No. - 2025:AHC-LKO:15829 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2343 of 2025 Applicant :- Anuj Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Satyendra Kumar Tiwari,Akhilesh Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Satyendra Kumar Tiwari, learned counsel for the applicant, Sri Ashok Srivastava, learned A.G.A. 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. 380 of 2024, under Sections 333, 64, 115(2) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kheri, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.08.2024 against the applicant and one Shivam alleging that while the informant's sister aged about 16 years was alone in the house, the applicant entered the house at about 5.00 p.m. on 28.08.2024 and raped her. The informant reached home and saw the incident. He raised noise and caught hold of the applicant. Meanwhile, the co-accused Shivam also reached there and he attacked the informant and set the applicant free. Both the accused persons assaulted the informant, beaten him and ran away. 4. 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. The medico legal examination report of the victim reveals no mark of injury or sign of use of force. The victim did not make a mention of co-accused Shivam in the statement given before the doctor. In the statement of the victim recorded under Section 183 BNSS she mentioned that the applicant and Shivam both had entered her house. The applicant raped her. When her brother saw it, co-accused Shivam assaulted her brother. Shivam escaped and Anuj was caught by her bhabhi Binu. She stated that the applicant is her neighbour. Binu stated that on hearing noise she had gone to the victim's house and had seen the applicant raping her and also beating her brother Manjit (the informant). She stated that she did not see Shivam Kumar there. She further stated that the victim used to talk to someone on phone and 2-3 months ago her parents had snatched away and broken down the phone and scolded her. 5. The learned A.G.A. has opposed the prayer for bail and he has submitted that the informant Manjit was medically examined and two dark brownish scalp were found on his body and he had complained about pain. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 28.08.2024, whereas the F.I.R. has been lodged on 30.08.2024; that the F.I.R. mentions that while the applicant was raping the victim, the informant reached there and meanwhile Shivam also reached there, whereas the victim has not mentioned the name of Shivam in her initial statement recorded under Section 180 BNSS and she had added his name in her subsequent statement recorded under Section 183 BNSS; that the name of Shivam has not been mentioned by the eye witness Binu and he has been exonerated by the Investigating Officer and a charge sheet has been submitted against the applicant only; that the medico legal examination report does not mention any mark of injury or sign of use of force against the victim; that the applicant has no previous criminal history and he is languishing in jail since 31.08.2024 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Anuj Kumar 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 :- 19.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench