Neutral Citation No. - 2025:AHC-LKO:17551 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2608 of 2025 Applicant :- Azad Bheem @ Azad Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Satyendra Nath Mishra,Shrishty Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Satyendra Nath Mishra, learned counsel for the applicant, Shri Arvind Kumar Pandey, 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.109 of 2024, under Sections 363, 366, 376 I.P.C. registered at Police Station- Dhammaur, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.06.2024 against the applicant, Balkaran and Amarjeet, stating that the informant's daughter aged about 17 years had gone out of her home to attend the call of nature at about 05:00 AM on 05.09.2024. Since then she was searching for her daughter. Meanwhile, she received a phone call of her daughter. Her daughter informed that the accused persons had enticed her away. Her daughter had taken away Rs.22,000/- cash and jewellery worth Rs.80,000/- with her. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that while she had gone out of her home for attending the call of nature, the accused persons made her sit in a black vehicle outside the village. They took her to Amethi, beaten her and committed misdeed against her. The accused persons dropped her back near the police station. Thereafter, she made a phone call to her mother who brought her to the police station. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. Age of the victim was opined to be about 17 years. In the additional statement of the informant, she stated that the applicant alone had enticed away her daughter and the other accused persons, who are relatives of the informant, are not involved in the incident. She further stated that her house is situated in a lane and no four wheeler vehicle could reach her house. 5. In the statement of the victim recorded under Section 164 Cr.P.C., she stated that she knows the applicant for the past one month and she used to talk to him on phone. On 29.05.2024, she had received a phone call from an unknown number at about 05:00 PM. The applicant had made the call and he asked the victim to come on the road with cash and jewellery kept in the house. She declined to obey the command. Immediately thereafter, a big black vehicle stopped in front of her house which is on the road side. The applicant and four other persons came out of the car and forcibly took her away. The applicant, Rajesh Pradhan and the applicant's uncle raped her and they kept her bonded for ten days. Upon coming to know about the FIR, they dropped her outside the police station. The Investigating Officer recorded statement of some independent witnesses and they stated that the victim had gone with the applicant. When they returned, talks for settlements were going on. The informant and her family members were demanding a huge sum of money. When the applicant could not pay the money, the FIR was lodged. 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. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and accordingly, the charge-sheet has been submitted on 30.11.2024 against the applicant only. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid discrepancies in various statements coupled with the fact that the investigation already stands concluded, that the applicant has no criminal history and he is languishing in jail since 04.11.2024, 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- Azad Bheem @ Azad Kumar 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 :- 27.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench