Neutral Citation No. - 2025:AHC-LKO:22745 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3393 of 2025 Applicant :- Arvind Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others Counsel for Applicant :- Iqbal Ahmad,Mohd. Kumail Haider Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Iqbal Ahmad, learned counsel for the applicant, Sri Ashok Srivastava, 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. 18 of 2025, under Sections 64(1) B.N.S. and Section 5(M)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Pachpedwa, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.01.2025 at about 23.35 Hrs. stating that the applicant raped the informant's 17 years old daughter inside the panchayat bhawan at about 13.30 Hrs. on 28.01.2025. 4. In the statement of the victim recorded under Section 180 BNSS, she stated that she knows the applicant for the past three years, she was talking to the applicant inside panchayat bhawan. When she said that she wanted to go home, the applicant said that first he would have a look outside whether anyone was present there. As 3-4 boys were present outside the applicant asked the victim to stay inside and said that he would send his sister after some time who would take her outside panchayat bhawan. Thereafter, the applicant went away after putting a lock on panchayat bhawan. A large crowd gathered outside the panchayat bhawan and thereafter the applicant's sister came there and took her out. When this thing came to the knowledge of her maternal uncle he beaten her up and dragged her to Pipriha crossing and thereafter the F.I.R. was lodged. 5. In the medico legal examination report of the victim no mark of injury or sign of use of force has been found. 6. In the statement of the victim recorded under Section 183 BNSS, she stated that she is in love with the applicant for the past two and half years. On the day of the incident she was with the applicant inside the panchayat bhawan. When she expressed the desire to go home the applicant looked outside and found some persons outside. Upon this the victim herself had asked the applicant to put a lock from outside. She stated that she has made physical relations with the applicant out of her own freewill and the applicant had not committed anything forcibly. The victim stated her age to be 19 years. The high school certificate mentions the date of birth of the victim to be 01.08.2006. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 19 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and thereafter a charge sheet was submitted on 23.02.2025. The trial court has framed charges against the applicant on 11.03.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim where she has not levelled any allegation against the applicant; that the victim appears to be major and the the applicant is a young man having no previous criminal history and he is languishing in jail since 30.01.2025 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Arvind Kumar 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 :- 22.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench