Neutral Citation No. - 2025:AHC-LKO:22587 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3376 of 2025 Applicant :- Daya Shankar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Sudhir Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sudhir Kumar Rai, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I 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. 224 of 2024, under Sections 64(1), 352, 351(2) B.N.S., Section 3/4 of Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of SC/ST Act, registered at Police Station Bihar, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.09.2025 at 16.30 Hrs. against the applicant and his father Ram Kishun stating that when the informant's daughter aged about 16 years had gone to attend the call of nature behind his house at about 13.00 Hrs. on 24.09.2024 the applicant raped her. The informant's daughter in law reached there, she caught hold of the applicant and brought him to the informant's house. The informant also reached there upon coming to know about the incident. The applicant made a phone call to his father and called him who came there and abused and threatened the informant and his family members. The informant's daughter in law made a phone call to number 112 but by the time the police could reach there, the applicant's father took him away. 4. In the statement of the victim recorded under Section 180 BNSS she supported the F.I.R. allegations but she further stated that when she cried her bhabhi and sister came there and they took the applicant to her home. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force and her age has been opined to be about 17 years. 6. In the statement of the victim recorded under Section 183 BNSS she state that while she had gone to attend the call of nature to a field situated quite far away from her home, the applicant caught hold of her disrobed her as well as himself and forcibly made physical relation. After some time her elder sister and bhabhi reached there and they caught the applicant in this situation. 7. 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. 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 a charge sheet has been submitted on 14.11.2024. He further submitted that the information of this application has been delivered to the informant but no one has put in appearance on his behalf. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim recorded during investigation as well as the findings of medico legal examination report coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 25.09.2024 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Daya Shankar 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