Neutral Citation No. - 2025:AHC-LKO:19984 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3000 of 2025 Applicant :- Drigpal @ Deepchand Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sooraj Lal,Avanish Kumar Yadav,Prahlad Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Prahlad Singh, learned counsel for the applicant, Ms. Shikha Sinha, learned A.G.A. 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.65 of 2025 under Sections 64(1) B.N.S. & 3/4 of P.O.C.S.O. Act registered at Police Station- Dariyabad, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.02.2025 at about 01:58 hours stating that while the informant's niece had gone out, the applicant dragged her inside his other home at about 07:00 PM on 24.02.2025 and raped her. When she did not have her meals in the night, enquiries were made from her, upon which she told about the incident. The police was called by dialing no.112 at about 09:00 PM. The F.I.R. stated the age of the victim to be 22 years. 4. In the statements of the victim recorded under Section 180 B.N.S.S. and 183 B.N.S.S., she reiterated the F.I.R. version. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. Samples were taken for pathological examination and the findings of the pathological examination report also do not support the allegation of commission of rape. As per the radio-logical examination report, age of the victim is about 20 years. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has no criminal history. It has also been stated that the applicant has been implicated for the reason that there is an old dispute between the parties regarding tying cattle on the road. At an earlier occasion, both the parties were challaned under Section 107/116 for maintaining peace by an order dated 29.09.2023 passed by the S.D.M., Ram Sanaighat, Barabanki. 8. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 26.03.2025 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation of commission of rape is not supported by findings of the medico- legal examination report or the pathological examination report of the victim; there is a documentary evidence of old animosity between the parties and that the applicant is a young man aged 25 years having no criminal history and he is languishing in jail since 26.02.2025 whereas the investigation 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Drigpal @ Deepchand 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 :- 9.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench