Neutral Citation No. - 2025:AHC-LKO:18168 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2642 of 2025 Applicant :- Anshu @ Anurag Prajapati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 4 Others Counsel for Applicant :- Ankit Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ankit Singh, learned counsel for the applicant, Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and Sri P.K. Singh, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.37 of 2025, under Sections 65 (1)/351(3) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Mill Area, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.02.2025 at 20.00 Hrs. stating that the applicant who is cousin of the informant, took away the informant's daughter aged about 14 years to his house at 9.00 Hrs. on 02.02.2025. He made her drink something and thereafter raped her. The applicant tried to strangulate her and clicked nude photographs of the informant's daughter. Thereafter, he threatened the informant's daughter to spread her nude photographs virally. The informant's daughter returned about 10.30 Hrs. and she told about the incident on 04.02.2025. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she has been talking to one Adarsh Prajapati for the past two months. She had called him outside her house at about 8.00 p.m. on 02.02.2025 and while she was talking to him in a mustered field the applicant heard their talk took their photographs and threatened to put up the same in their castist whatsapp group. The victim went to the house of the applicant at 9.00 p.m. to get the photographs deleted, where he raped her but he did not delete the photographs. The medico legal examination report of the victim mentions no mark of injury or sign of use of force on any part of her body. Although, the vaginal smears were collected for pathological examination, but report thereof is not available on the case diary. In the statement of the victim recorded under Section 183 BNSS she reiterated her earlier version and she added that she was menstruating and the applicant's t-shirt had got blood stained. 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 counsel for the informant has vehemently opposed the prayer for bail and he has submitted that the applicant is uncle of the minor victim and he has raped her, therefore, the applicant should not be granted bail. He has submitted that complete copy of the medico legal examination report of the victim has not been annexed with the bail application. However, a perusal of copy of the medico legal examination report does not indicate that it is not complete. 7. The learned A.G.A. has opposed the prayer for bail and produced the relevant extracts of case diary provided to him which reveals that the medico legal examination report annexed with the bail application contains all the relevant information recorded in the case diary on the basis of perusal of medico legal examination report. It has also been submitted by learned A.G.A. that the investigation already stands concluded. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 02.02.2025 and the victim told about the incident on 04.02.2025 and the F.I.R. has been lodged on 05.02.2025 at 20.00 Hrs.; that although the F.I.R. and the statement of the victim allege commission of rape by the applicant, this allegation is not supported by any finding of medico legal examination report of the victim; that the allegation of taking obscene photographs of the victim is not supported by any findings recorded during investigation coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 06.02.2025, whereas the investigation already stands concluded 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Anshu @ Anurag Prajapati 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 :- 2.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench