Neutral Citation No. - 2025:AHC-LKO:22339 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3321 of 2025 Applicant :- Anshu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- O.P. Tiwari,Umesh Pratap Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri O.P. Tiwari, learned counsel for the applicant, Ms Shikha Sinha, 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. 584 of 2024, under Sections 64(1), 351(3) BNS and Sections 3/4 of POCSO Act and Section 3(2) (5) of SC/ST Act registered at Police Station Maurawan, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.11.2024 stating that while the informant's daughter aged about 16 years was going to get some goods from a shop at about 8.30 pm on 24.10.2024, the applicant molested her. When the informant's daughter opposed and raised a hue and cry, several persons came there and the applicant ran away by threatening her. 4. In the statement of the victim recorded under Section 180 B.N.S.S. on 07.11.2024, she stated that the applicant caught hold of her hand, gagged her mouth and raped her inside some under construction house. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. The radiological examination of the victim was not conducted to ascertain her age. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that the applicant had raped her inside the room constructed behind the shop. The victim has given affidavit stating that she is aged about 20 years, the applicant has not committed any misdeed against her. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 8. Learned A.G.A. has opposed the bail application and she has submitted that charges levelled against the applicant have been established during investigation and a charge-sheet has already been submitted on 25.02.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 24.10.2024 and the FIR has been lodged on 07.11.2024 and there is no explanation for the delay in lodging the FIR; that although the FIR was lodged about 15 days after the incident, it does not contain the allegation of commission of rape and this allegation was levelled subsequently in the statement of victim; the victim has resiled from the statement by giving an affidavit wherein she stated that the applicant is innocent; coupled with the fact that the applicant is a young man aged 22 years having no criminal history and is languishing in jail since 20.02.2025 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Anshu 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