Neutral Citation No. - 2025:AHC-LKO:18342 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2737 of 2025 Applicant :- Anuj Kumar @ Shubham Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Sandeep Kumar Pal,Desh Deepak Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sandeep Kumar Pal, learned counsel for the applicant, Miss. Shikha Sinha, the learned A.G.A. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 376 of 2024, under Sections 87, 64(2), B.N.S., 2023, Police Station Dalmau, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.12.2024 against the applicant and one Amit one the basis of an application addressed to the Addl. District Judge/Secretary, Legal Services Authority, Raebareli, stating that co-accused Amit had enticed away the informant’s daughter aged about 18 years on 20.11.2024. This information was given to the informant by G.R.P. Agra through telephone, whereafter the informant’s husband went to Agra and met with his daughter and the accused persons. Her daughter told him that the applicant had raped her. The informant had also stated that her daugher had taken away Rs. 50,000.00 and some jewellery with her. 4. In the statement of the victim recorded under Section 180, B.N.S.S. she stated that she is aged about 19 years. She knows the applicant for the past 3 years. The applicant had come to a grove near her house on 20.08.2024 and made physical relations with her. He again made physical relations in the grove in the night of November, 2024. The applicant had taken her to Raebareli on 20.11.2024 and thereafter he took her to Gurdaspur. She had taken away Rs. 50,000.00 and some jewellery with her and the applicant took away those things. She stayed with the applicant for 2 days during which the applicant made physical relations with her and thereafter she came back. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. The report further submits that no samples were collected for pathological examination. 6. In the statement of the victim recorded under Section 183, B.N.S.S. she reiterated her earlier version. 7. In the affidavit filed in support of the application it has been stated that applicant is innocent. He has been falsely implicated in the present case and has no criminal history. 8. The learned A.G.A. has opposed the bail application and on the basis of instructions he has submitted that during investigation the allegations levelled against the applicant have been established and chargesheet has been submitted on 28.02.2025 against the applicant and his father. The other named co-accused Amit has been exonerated. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 20.11.2024, whereas the application was given on 31.12.2024; besides statement of the victim there is no other material to support the allegations and the allegations have not been supported by the findings of the medico-legal examination report; in the statements, the victim has stated that she was in a relationship with the applicant for the past 2-3 years; the applicant is a youngman having no criminal history; and he is languishing in jail since 14.2.2025, whereas the investigation already stands concluded, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Anuj Kumar alias Shubham 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