Neutral Citation No. - 2025:AHC-LKO:22624 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3380 of 2025 Applicant :- Mohd. Akeel @ Akhil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Amar Singh,Abdul Malik Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Amar Singh, learned counsel for the applicant, Ms. Nikita Mishra, 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.670 of 2024 under Sections 137(2), 87, 64(1), 123, 127(3), 115(2) of B.N.S. & Section 5L/6 of P.O.C.S.O. Act registered at Police Station- Para, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.11.2024 stating that the informant's daughter aged 16 years had gone away from her home at about 12:30 PM on 18.11.2024. 4. The informant herself had given an application to the police on 07.12.2024 stating that her daughter had reached the house of his father-in-law at Faizabad and her husband had brought her back at Lucknow. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she used to talk to the applicant on phone to meet him. The applicant had called her by making a phone call at about 11:00 AM on 18.11.2024. He took her to a Hotel and offered her Amul milkshake. After drinking the milkshake, she fell unconscious. Upon regaining consciousness, she found that there were no clothes on her body, she was suffering from pain and entire body was felling giddiness. The victim stated that the applicant kept her in the Hotel for four days and raped her repetitively. He used to go away after locking her inside the room. Upon getting a chance, one day she escaped from the Hotel and went to the house of her grand- mother at Faizabad. 6. The medico-legal examination report mentions no mark of injury or sign of use of force. 7. The Investigating Officer has recorded statements of the Hotel Operator and its Manager, both of whom stated that the applicant and victim had stayed there in their Hotel from 24.11.2024 till 26.11.2024. The victim had told her age to be 20 years. They used to go out of the Hotel during the day and come back in the night. The lady was not forcibly confined by any person. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 18 years having no criminal history and he has been falsely implicated in the present case. 9. Statement of the victim has been recorded by the trial Court wherein she stated that she wanted to marry the applicant and her family members had scolded her, therefore, she left her home. She had made a phone call to the applicant but he had switched off his mobile phone. While she was waiting for the applicant, a lady met her and persuaded her to go back to her home but due to anger she did not want to go back home and, therefore, she went with that lady and stayed with her for 2-3 days and thereafter, she went to the house of her Mama at Gosainganj. Her Mama called her family members whereafter her father brought her back. The informant disowned her statement recorded under Section 183 Cr.P.C. She has been declared to be hostile. 10. Learned A.G.A. has vehemently opposed the bail application and she had drawn attention of the Court to the order dated 27.03.2024 passed by the Special Judge, P.O.C.S.O. Act/ Additional Sessions Judge, Lucknow wherein the Additional Sessions Judge has recorded that in the initial statements, the victim has not stated about her consent in her relationship with the applicant and it appears that the witness has been influenced so as to make her hostile. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the Investigating Officer has recorded the statement of the Hotel Operator and its Manager, who stated that the applicant and the victim stayed in their hotel for two days during which they used to go out during the day time and come back in the night and nobody had confined the applicant, from which prima facie it appears that the applicant had not taken the victim to the Hotel forcibly and that the applicant is a young man aged 18 years having no criminal history; that the statement of the victim has already been recorded by the trial Court wherein she has been declared to be hostile, 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. 12. Accordingly, this bail application stands allowed. 13. Let the applicant 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 :- 22.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench