Neutral Citation No. - 2025:AHC-LKO:19640 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2934 of 2025 Applicant :- Sangam Kori Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Satyendra Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Satyendra Nath Mishra, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I 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.0313 of 2024, under Sections 74, 64, 351(3) and 352 B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Jaisinghpur, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.11.2024 against the applicant and one Ravi Shukla stating that while the informant's daughter was returning from her college at 2 p.m. on 11.11.2024, the accused persons caught hold of her hands and started pulling her towards a canal. Upon hearing her cries, an unknown person passing-by on a motorcycle scolded them whereupon the accused persons abused her with casteist words and threatened to kill her. on 24.11.2024, the accused persons again came to the informant's house at about 11 a.m., abused her and proceeded to beat her and they threatened to kill her. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young person aged 25 years, he has no criminal history and he has been falsely implicated in the present case. 5. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of statements of witnesses recorded during investigation and copy of the medico-legal examination report of the victim. In the statement recorded under Section 180 B.N.S.S., the informant and the victim have reiterated the FIR version. The medico-legal examination report of the victim does not make a mention of mark of injury or sign of use of force. In the radiological examination report, age of the victim has been opined to be about 18 years. In the statement of the victim recorded under Section 183 B.N.S.S., she alleged commission of rape by the applicant while the co- accused was holding of her hands. She further stated that after coming back to her home, she told the incident to her family members but they did not believe her. She added further allegations which were not in her earlier statement. The investigating officer has recorded statements of two independent witnesses, namely, Vipul Tiwari and Ram Kumar Shukla who have stated that due to a property dispute the informant has falsely implicated the applicant and the co- accused. 6. The learned Additional Government Advocate-I, appearing on behalf of the State, has opposed the prayer for bail and stated that the allegations have been established during investigation and charge-sheet has been submitted on 19.03.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR was lodged sixteen days after the alleged incident; there is no mention of rape in the FIR; although the victim has alleged commission of rape in her statement recorded under Section 183 B.N.S.S., this allegation is not support by findings of the medico-legal examination report and that some independent witnesses have stated that the informant has falsely implicated the accused persons due to a property dispute coupled with the fact that the applicant is a young person aged 25 years having no criminal history, he is languishing in jail since 18.01.2025 whereas the investigation already stands concluded, I am of the view that the applicant is entitled to be released on bail. 8. Accordingly, the instant bail application stands allowed. 9. Let the applicant- Sangam Kori 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 :- 8.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench