Neutral Citation No. - 2025:AHC-LKO:22302 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3308 of 2025 Applicant :- Shahe Alam @ Babu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Anand Dubey,Anam Fatima,Mohd. Nafeesh Quraishi,Rayees Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anand Dubey, learned counsel for the applicant, Sri Arvind Pandey, learned A.G.A. for the State and Sri Manoj Kumar Singh, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 43 of 2025, under Sections 376(A), 506 IPC,, and Sections 5J(ii)/6 POCSO Act, registered at Police Station Kaisargaj, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.02.2025 stating that the applicant had raped the informant's sister aged about 14 years due to which she became pregnant and delivered a daughter on 14.02.2025. 4. In the statement of victim recorded under Section 161 Cr.P.C., she stated that the terrace of the applicant's house and house of the victim are adjacent. The applicant came on the house of his terrace and raped her after gagging her mouth. She stated that the incident took place about 9 months' ago and she delivered a daughter on 14.02.2025. In the statement recorded under Section 164 Cr.P.C. she stated that the applicant, who is son of her uncle, and another unknown person, had raped her and thereafter both of them made physical relations with her on three more occasions. 5. A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of the report dated 04.04.2025 submitted by the Forensic Science Laboratories, Gorakhpur as per which the DNA sample of the applicant did not match with the DNA sample of the victim's daughter. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR and the statement of the victim recorded under Section 161 Cr.P.C. allege commission of rape by applicant, in the statement of victim recorded under Section 164 Cr.P.C., she stated that besides the applicant, another person had also made physical relations with her and the DNA examination report mentions that DNA of the child does not match with DNA of the applicant and that applicant is a young man aged 23 years having no criminal history is languishing in jail since 23.02.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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- Shahe Alam @ Babu 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. Order Date :- 21.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench