Neutral Citation No. - 2025:AHC-LKO:17066 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2511 of 2025 Applicant :- Ankit Saini Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Sudheer Kumar Mishra,Manish Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sudheer Kumar Mishra, learned counsel for the applicant, Shri 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.239 of 2024, under Sections 65(1), 115(2), 351(2) B.N.S. and 5/6 P.O.C.S.O. Act, 3(2)(v) of S.C./S.T. Act registered at Police Station- Jagatpur, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.10.2024 on the basis of an application filed under Section 173(4) B.N.S.S., stating that the applicant used to molest the informant's daughter aged 16 years while going to school and coming back. When the informant's daughter had gone to attend the call of nature outside the village at about 07:30 PM in the month of March, 2023, the applicant had raped her after threatening her with a Knife. The applicant repetitively raped the informant's daughter for the past one and a half year and thereafter the informant's daughter told her about it. The victim reiterated the FIR version in the statements recorded under Section 180 B.N.S.S. and 183 B.N.S.S. However, the medico-legal examination report mentions no mark of injury or sign of use of force although the hymen is old, torn and healed. No spermatozoa has been seen in vaginal smear examination conducted at All India Institutes of Medical Sciences, Raebareli. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 20 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. 6. Learned A.G.A. has opposed the bail application and on the basis of written instructions, he has submitted that information of the present application has been delivered to the informant/victim though police. He further submitted that the allegations have been found to be established during investigation and a charge-sheet has been submitted on 29.11.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per prosecution version, the incident was continuing since March 2023 under threat; the victim did not suffer any injury at any instance and she did not tell about the same to any person for one and half years; that besides the statement of the victim, there is no other material which may support the allegations and that the applicant is a young man having no criminal history and he is languishing in jail since 21.11.2024 whereas the investigation 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Ankit Saini 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