Neutral Citation No. - 2025:AHC-LKO:17193 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2560 of 2025 Applicant :- Farukh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rajesh Kumar Singh, learned counsel for the applicant, Shri Anant Pratap Singh, 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.631 of 2024, under Sections 127(2), 351(3), 70(2), 137(2), 87 B.N.S. and Section 5 g & 6 of the P.O.C.S.O. Act registered at Police Station- Para, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.10.2024 against three persons, including the applicant, stating that all the three accused persons dragged the informant's daughter forcibly inside a car and after roaming around for 3-4 hours, they dropped her at Kusma Hospital. The informant's daughter told that all of them had molested her. The informant had gone to the hospital and after seeing the CCTV camera, the Doctor told that co-accused Zeeshan had brought the victim to the Hospital. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that co-accused Zeeshan molested her and raped her and both the other persons were sitting on the front seats. She further stated that she started feeling giddiness and sickness, accused persons had taken her to Kusma Hospital and got her treated. Thereafter, the accused persons went back and she came back home. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that co-accused Zeeshan loves her but he did not like her enough. She stated that Zeeshan had taken her away for excursion. He had given her a hijaab in the car and thereafter he took her on a motorcycle to a hotel. She alleged commission of rape by all the accused persons in the car. 6. The Investigating Officer has recorded the statement of the Doctor who had treated the victim in Kusma Hospital and he told that the victim was brought with the complaint of fever and weakness and he had advised some medicines. During medico- legal examination of the victim, no mark of injury or sign of use of force was found on any part of the body. The Investigating Officer has recorded statement of the Manager of the Hotel where the victim alognwith the co-accused zeeshan gone and he stated that only the aforesaid two persons had furnished their identity documents. The ultra-sonography of the victim was also conducted and the findings did not support the allegation of commission of gang-rape. 7. 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. 8. Co-accused namely Mohd. Ismail @ Raja has been released on bail by this Court vide order dated 25.03.2025 passed in Criminal Misc. Bail Application No. 2506 of 2025. 9. Learned AGA has opposed the bail application and he has submitted that the allegations are serious in nature and have been established in the investigation and thereafter a charge- sheet has been submitted on 28.12.2024 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim had gone to the hotel with Zeeshan on a motorcycle; obviously the applicant was not accompanying her at that time; that although the victim has alleged commission of rape by three accused persons in a car, the allegation of rape is not supported by any medico-legal examination report and the investigation already stands concluded; that the applicant is a young man having no criminal history and he is languishing in jail since 20.11.2024, whereas Co-accused namely Mohd. Ismail @ Raja has been released on bail by this Court, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Farukh 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. Order Date :- 26.3.2025 Sumit/Ram Singh Digitally signed by :- SUMIT KAPOOR High Court of Judicature at Allahabad, Lucknow Bench