Neutral Citation No. - 2025:AHC-LKO:16916 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2504 of 2025 Applicant :- Ansar Ahmad Opposite Party :- State Of Up Thru. Prin. Secy. Deptt. Of Home And 3 Others Counsel for Applicant :- Amar Nath Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Amar Nath Dubey, learned counsel for the applicant, Shri Abhishek Kumar Singh, learned counsel 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.172 of 2024, under Sections 64(2) (M), 65(1), 115(2), 191(2), 352, 351(3) B.N.S., 5-L/6, 3/4 of P.O.C.S.O. Act and Sections 3(1) द, 3(1)ध, 3(2)5, 3(2)5A of S.C./S.T. Act registered at Police Station- Maheshganj, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.08.2024 against ten named persons, including the applicant and some other unnamed villagers, stating that while the informant's grand-daughter was at her home, the applicant went there and started doing obscene activities. The informant's son-in-law reached there, he took the applicant to the applicant's house and complained about it to the applicant's father and other villagers whereupon the other accused persons abused and beaten him. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that while she was alone at her home at about 04:00 PM on 15.08.2024, the applicant came there and asked her to talk to him on phone. When she declined, the applicant started doing obscene activities. He threatened him and went back. When she complained about this incident to her family members, her brother Amit went to the applicant's house and the applicant and his family members had beaten him up. Before the Doctor, who conducted the medico-legal examination, the victim stated that she was talking to the applicant on phone on the date of the incident. Her brother saw it and thereafter, a fight took place between both the parties. She alleged that the applicant had forcibly committed the misdeed twice about 15 days ago. In the medico-legal examination report, no mark of injury or sign of use of force was found. The pathological examination report is negative for spermatozoa. The biological age of the victim has been opined to be 17 years. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that her brother had seen her talking to the applicant on phone and thereafter she told the entire thing to her brother. Her brother and grand-father had gone to the applicant's house for a compromise but they were beaten up. The applicant had raped her about one month ago in a field. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man having no criminal history and he has been falsely implicated in the present case. 7. The learned counsel for the State has vehemently opposed the bail application and on the basis of written instructions provided to him, he has submitted that the allegations were established during investigation and a charge-sheet has been submitted on 07.10.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that FIR alleges that the applicant had come to the informant's home and did obscene activities with his grand-daughter whereas the victim has stated that she was merely talking to the applicant on phone, her brother saw it and the dispute escalated; during medico-legal examination also, the victim stated that she was talking to the applicant on phone; although the victim stated that the applicant had committed the misdeed 15 days ago, still she continued to talk to the applicant on phone; the allegation of commission of rape is not supported by any finding of the medico-legal examination report or the pathological examination report and that the applicant is a young man having no criminal history and he is languishing in jail since 01.09.2024 whereas the investigation already stands concluded, 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- Ansar Ahmad 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 :- 25.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench