Neutral Citation No. - 2025:AHC-LKO:16465 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2417 of 2025 Applicant :- Ramlal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Dharm Trivedi,Ram Kripal Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharm Trivedi, the learned counsel for the applicant, Sri Anshuman Verma, the 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. 300 of 2024, under Sections 74, 65 (1), 351(3) B.N.S. and Section 3/4(2) of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Mitauli, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.09.2024 alleging that when the informant who is aged about 16 years had gone to attend the call of nature at about 5.00 p.m. on 16.09.2024, the applicant caught hold of her hand with evil intention and asked her to accompany him to a sugarcane field. The informant cried and objected whereupon the applicant ran away. In the statement of the informant recorded under Section 180 BNSS she reiterated the F.I.R. version but she further stated that the applicant had caught hold of her neck and hand and as soon as he started dragging her she raised a cry, whereupon the applicant went away. 4. The medico legal examination of the victim was conducted on 17.09.2024, wherein two abrasions on neck and face were found and the injuries were reported to be simple in nature because of rubbing hard surface. In the statement of the informant recorded under Section 183 BNSS on 24.09.2024 she alleged commission of rape by the applicant and she stated that it continued for one and half to two hours. Thereafter, she put on her clothes, came back on her own to home, washed away her clothes. She has stated that she had told about the incident to her mother. Thereafter, the informant was again medically examined on 14.11.2024, wherein no sign of any injury or use of force was found. The victim told the doctor that the applicant had dragged her inside a sugarcane field, had pushed her down in water, had raped her and had sweared in the name of her two sisters forbidding her to tell about the incident to any person. 5. 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. 6. The learned A.G.A. has opposed the prayer for bail and he has submitted that the information of the application has been given to the informant/victim through police. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the F.I.R. lodged 17.09.2024 the informant, who is the victim herself, did not level allegation of rape and the allegation of rape was not levelled even in the statement under Section 180 BNSS; that in the medical examination of the informant conducted on 17.09.2024 only two simple injuries of abrasion on face were reported; that in the statement of the victim recorded under Section 183 BNSS on 24.09.2024, she alleged commission of rape and she also stated that she had told her mother about this incident; that the allegation of rape is not supported by any findings of the medico legal examination report and before the doctor informant stated that the applicant had sweared in the name of her brothers not to tell about the incident to any person and she did not said that she had told about the incident to her mother; that the applicant has no previous criminal history, whereas the charge sheet has already been submitted on 28.11.2024 and the applicant is languishing in jail since 17.11.2024 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Ramlal 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 :- 21.3.2025 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