Neutral Citation No. - 2025:AHC-LKO:21456 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3184 of 2025 Applicant :- Akhtar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Shailendra Pathak,Ajay Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shailendra Pathak, learned counsel for the applicant, Sri Pranesh Kumar Sinha, 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.0371 of 2024, under Sections 120-B, 506 and 376 I.P.C. and Section 3/4 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Dargah Sharif, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.10.2024 against the applicant, his mother and one Priti, stating that both the co-accused persons enticed away the informant's daughter aged 16 years at about 6 p.m. on 12.03.2024. They took her to their home, pushed her inside a room and locked and the applicant raped her inside the room. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the FIR version but she also stated that she knows the applicant for the past about one and a half years and she kept on talking to him. She alleged that the applicant had raped her inside the room and videographed the incident, and thereafter he committed the misdeed with her again on numerous occasions. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. The pathological examination report mentions no spermatozoa present inside the vaginal smear. The radiological examination report disclosed age of the victim to be between 16-17 years. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that the applicant is related to her as her uncle, he had raped her and prepared a videograph of the incident. 7. 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. In the affidavit, it has been stated that the victim and the applicant were in an affectionate relationship and copy of some printouts taken out from a mobile-phone have been annexed with the affidavit in support of this submission. 8. After investigation, charge-sheets have been filed against the applicant and his mother only. 9. The learned Additional Government Advocate has opposed the bail application and submitted that allegations have been established during investigation and a charge-sheet has been filed against the applicant and his mother. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 12.03.2024, whereas the FIR had been lodged on 24.10.2024; that the allegation of use of force is not supported by the findings of the medico-legal examination report; that the photopgrahs annexed with the bail application indicate that the victim and the applicant were in an affectionate relationship; that the applicant is a young man aged 22 years having no criminal history and he is languishing in jail since 04.02.2025, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Akhtar 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 :- 16.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench