Neutral Citation No. - 2025:AHC-LKO:17954 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2619 of 2025 Applicant :- Shreepal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Raghunath Prasad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Raghunath Prasad, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A.-I and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 391 of 2024, under Sections 64(2) (F) BNS and Section 3/5 J(ii) of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Sursa, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.12.2024 alleging that the applicant had raped the daughter of the informant aged 17 years in the month of July 2024 due to which she got pregnant. 4. The victim stated that the applicant is a relative of her and he had raped her. 5. The medico legal examination of the victim was conducted on 09.12.2024 which mentions no mark of injury or sign or use of force. The urine pregnancy test was positive. Radiological age of the victim has been assigned to be 17 years, however, nothing has been stated regarding the age of pregnancy. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an old person aged about 80 years and he has been falsely implicated in the present case and he has no criminal history and he is languishing in jail since 12.12.2024. The investigation stands concluded and a charge sheet has been submitted on 14.01.2025. 7. The learned A.G.A. has vehemently opposed the prayer for bail by submitting that the allegations levelled against the applicants are serious in nature and as the same have been established in investigation, a charge-sheet has been submitted against the applicant. Therefore, the applicant is not entitled for bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place in the month of July, 2024 whereas the FIR has been lodged in the month of December; that the applicant is an 80 years old person having no criminal history whereas the investigation 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- Shreepal 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. (Subhash Vidyarthi, J.) Order Date :- 27.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench