Neutral Citation No. - 2025:AHC-LKO:22575 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3362 of 2025 Applicant :- Ram Sajiwan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Firoz Ahmad Khan, learned counsel for the applicant, Sri Arvind Kumar Pandey, 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. 447 of 2024, under Sections 65(1), 352, 351(2) B.N.S. and Section 3/4(2) of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Tarabganj, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.10.2024 alleging that while the informant's daughter aged about 12 years was sleeping in the house of his sahan at about 3.00 a.m. on 06.10.2024 the applicant started molesting her. The informant's daughter went to his bhabhi and told about the incident. She made enquiries from the applicant, whereupon the applicant abused and threatened her. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she was sleeping, the applicant came there at about 3.00 a.m. in the night on 06.10.2024. He put his hand on her mouth and dragged her inside the room and he raped her. The applicant had shut her mouth with his hand, therefore, she could not cry and some how she set her free and went to her bhabhi and told her about the incident and she told her father about the incident. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. The pathological examination report also does not mention presence of spermatozoa dead or alive. In the statement of the victim recorded under Section 183 BNSS she stated that the applicant is related to her as her uncle. She stated that in the night of the incident she was sleeping in a verandah with her brother. Her sister and another brother were sleeping on another cot lying adjacent to her cot. Her father was sleeping in the field. She stated that she was sleeping with her mother and father. Thereafter, she stated that she was sleeping at some distance. Then she changed her statement and said that she was sleeping at the entrance of her house. She stated that there is a room in her house in which she, her brother, sister and mother were sleeping. The victim again changed her statement and said that her mother was sleeping at the door and she was sleeping in the verandah. The applicant came there, caught hold of her hands and dragged her but she kept on sleeping. The applicant took her inside the room but she continued sleeping. The applicant raped her then she cried. 6. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. 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 a charge sheet has been submitted on 21.11.2024. He further submitted that the information of the present application has been delivered to the informant through police. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation of commission of rape is not there in the F.I.R. and the same has been levelled in statement of the victim; that the allegation is not supported by the findings of the medico legal examination report of the victim; that there are numerous contradictions in the statement of the victim recorded under Section 183 BNSS; that the applicant has no previous criminal history and he is languishing in jail since 09.10.2024 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Ram Sajiwan 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