Neutral Citation No. - 2025:AHC-LKO:22312 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3310 of 2025 Applicant :- Ashik Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Bhup Chandra Singh,Abdul Raheem Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Bhup Chandra Singh, learned counsel for the applicant, Sri Arvind Kumar Pandey, learned A.G.A. for the State, Sri S.P.Singh Somvanshi 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. 0225 of 2016, under Sections 376D IPC and 5G/6 POCSO Act and 3(2) (v) of SC/ST Act, registered at Police Station Kandhai, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.07.2016 against three named persons, not including the applicant, and an unknown person stating that when the informant's daughter aged 15 years had gone behind her home at 8.30 p.m. on 08.07.2016 to the attend call of nature, all the accused persons forcibly picked her away and raped her. When the informant's daughter did not return, upon making a search, she was found unconscious behind home and her clothes were untidy. 4. In the statement of victim recorded under Section 161 Cr.P.C., she reiterated the FIR version. In the statement of victim recorded under Section 164 Cr.P.C., she stated that she did not recognize any of the accused persons. She had given description of the accused persons to her family members whereupon they had made inquiry and told her the names of miscreants. 5. In the medico-legal examination report of the victim, no mark of injury or sign of use of force was found on any part of her body. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case and he has no criminal history. All the named co-accused persons have already been enlarged on bail and copies of bail orders have been annexed with the affidavit filed in support of the bail application. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR; in the statement of victim recorded under Section 164 Cr.P.C., she stated that she did not know the names of any of the accused persons and those persons have been named when she had told the description of the miscreants to her family members and they had made inquiry and yet the applicant is not named in the FIR and he has been implicated in the subsequent statement of the victim; that the applicant having no criminal history is languishing in jail since 11.02.2025; the investigation already stands concluded and all the co-accused persons have been been enlarged on bail, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Ashik Ali 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