Neutral Citation No. - 2025:AHC-LKO:19349 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2919 of 2025 Applicant :- Sanjiv Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vaibhav Dev Singh Yadav,Deo Narain Nath Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vaibhav Dev Singh, learned counsel for the applicant, Sri Anand Pratap Singh , learned Additional Government Advocate 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. 213 of 2016, under Sections 363,366,376-D I.P.C., registered at Police Station Tandiawan District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.09.2016 against six named persons, not including the applicant. In furtherance of the application under Section 156(3) Cr.P.C. stating that all the accused persons had enticed away the informant's daughter aged about 18 years in the month of May, 2015. The victim had been recovered by the police but her custody was not handed over to the informant under pretext that her medical examination was required to be conducted and her statement was also required to be recorded by the Magistrate. Later on, the informant came to know that the police had neither conducted her medical legal examination nor produced her before the court below and her daughter has either been sold away or killed by the accused persons. 4. In the statement of the victim recorded under section 161 Cr.P.C, she reiterated the F.I.R. version and she did not mention the applicant's name. In the statement of the victim recorded under section 164 Cr.P.C. , she made a mention that at one occasions, one of the named person Murari had dropped her at the home of one Sanjay at Faridabd. However, she did not level the allegation of commission of any misdeed by the so called Sanjay. 5. After investigation, the Investigating Office has submitted a charge-sheet against two of the named accused persons Murari and Bantu. Rest of them named accused persons were exonerated by the Investigating Officer. 6.In the statement of the victim recorded during trial, she stated that Murari had kept her at the house of Sanjeev ( the applicant) and the applicant committed the misdeed against her. After the statement of the victim, the trial court has summoned the applicant to face the trial under section 319 Cr.P.C. 7. In the affidavit filed in support of 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. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. was lodged against six named accused persons, not including the applicant; the applicant was not named even in the statement of the victim recorded under section 161Cr.P.C. ; although the victim named the applicant in her statement recorded under section 164 Cr.P.C., she did not level the allegation of commission of any misdeed by the applicant and it is for the first time that the victim has alleged commission of rape by the applicant in her statement recorded before the trial; that up to this stage, there is no material which may corroborate the aforesaid averment made by the victim and that the applicant has no previous criminal history and he is languishing in jail since 07.02.2025, 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- Sanjiv Kumar 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 :- 7.4.2025/dk Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench