Neutral Citation No. - 2025:AHC-LKO:18322 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2713 of 2025 Applicant :- Anoop @ Anoop Verma Opposite Party :- State Of U.P. Thru. Principal Secy. Home Lko. And 3 Others Counsel for Applicant :- Janendra Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Janendra Kumar Verma, learned counsel for the applicant and Sri Ashok Srivastava, learned A.G.A. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 4 of 2025, under Sections 70(1), 70(2), 140(4), 352, 351(3) B.N.S., Sections 5g/6, POCSO Act, and Section 3(2)(v), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Ram Nagar, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 6.1.2025 against two persons, including the applicant, stating that while the informant's daughter aged 14 years and daughter-in-law of wife of elder brother of the informant's husband had gone to attend the call of nature at 8:00 p.m. on 27.12.2024, the accused persons came there on a motorcycle, gagged their mouths and took them on their motorcycle to a room at some unknown place, raped them repetitively throughout the night and dropped near Kamta Bus Stand in the morning. 4. In the statement of the victims recorded under Section 180, B.N.S.S. they supported the F.I.R. version, however, both of them stated that the accused persons dropped them back at Kamta Crossing at 1:00 p.m. 5. The medico-legal examination reports of both the victims mention no mark of injury or sign of use of force. Age of minor victim has been opined to be 17 years as per radiological examination report. The pathological examination report mentions no spermatozoa in the vaginal smear. 6. In the affidavit filed in support of the application it has been stated that applicant is a young man of 23 years, having no criminal history and he has been falsely implicated in the present case. 7. The learned A.G.A. has opposed the bail application and has submitted that the allegations have been established during investigation and a chargesheet has been submitted on 31.1.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 27.12.2024 and even as per the F.I.R. version, the victims were dropped back on the next day, yet the F.I.R. has been lodged on 6.1.2025; the F.I.R. alleges that the victims were dropped in the morning of 27.12.2024, whereas the victims themselves have stated that they were dropped at 1:00 p.m.; that the allegation of commission of rape is not supported by any findings recorded during the medico-legal examination report; the applicant has no criminal history and is languishing in jail since 07.01.2025, 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- Anoop @ Anoop Verma 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/A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench