Neutral Citation No. - 2025:AHC-LKO:18962 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2856 of 2025 Applicant :- Nakshad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Jay Prakash Singh Vats,Ajay Kumar Soni Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Jay Prakash Singh Vats, the learned counsel for the applicant, Sri Pranesh Kumar Sinhg, the learned AGA 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. 188/2024, under Sections 363,366, 376D IPC and 5G, 5Q/6 POCSO Act, P.S. Lalganj, District Pratapgarh. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.05.2024 against one Arbaz, stating that the named accused had enticed away the informant's daughter aged 16 years on 21.05.2024. The named accused dropped the girl back on 27.05.2024 and the FIR was lodged after return of the girl. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she knows the named accused person for the past two years, she had gone with him but thereafter the named accused ran away after leaving her and he was declining to marry her. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. In the statement of the victim recorded under Section 164 Cr.p.C., she stated that the named accused Arbaz and his elder brother Nakshad (the applicant) had taken her away and both of them had raped her. 5. In the affidavit filed in support of the 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 AGA has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 27.12.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim had been enticed away on 21.05.2024 and the FIR has been lodged on 27.05.2024 after her return, against a sole named accused person Arbaz and there was no allegation against the applicant either in the FIR or in the statement of the victim recorded under Section 161 Cr.P.C.; although the medico legal examination report does not support the allegation of commission of rape, this allegation has been levelled for the first time in the statement of the victim recorded under Section 164 Cr.P.C. and that the applicant is a young man having no criminal history and he is languishing in jail since 13.12.2024 whereas the investigation already stands concluded, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Nakshad 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 :- 4.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench