Neutral Citation No. - 2025:AHC-LKO:23995 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3531 of 2025 Applicant :- Shakeel Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Naveen Kumar Pandey,Shivam Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Naveen Kumar Pandey, the learned counsel for the applicant, Shri Anurag Verma, the learned A.G.A.-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.09 of 2025 under Sections 69, 351(3) of B.N.S. & Section 5L/6 of P.O.C.S.O. Act registered at Police Station- Katra Bazaar, District- Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.01.2025 alleging that when the informant's daughter aged about 16 years was going out of Lucknow for some work at about 07:00 PM on 11.01.2025, the applicant molested her, touched her private parts and torn away her clothes. When she raised a hue and cry and the informant's father came there, the applicant ran away. 4. In the statement of the victim as also in the statement of the informant recorded under Section 180 B.N.S.S., both of them reiterated the F.I.R. version. In response to a specific questions put by the Investigating Officer, the victim categorically stated that the applicant did not commit the misdeed against her and he did not make physical relations with her. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she added that the applicant had raped her on 07.01.2025 and again on 10.01.2025. On 11.01.2025, the applicant said that he was going to meet a girl after her whereupon she asked the applicant as to when he had to see another girl and why did he rape her under allurement of marrying her whereupon the applicant declined to marry her. She told about it to her family members whereupon her family members had beaten her up. 6. The injury form of the victim has been produced by the learned A.G.A.-I, which mentions a scab abrasion on left side of forehead, a scab abrasion on right side of neck, linear scab abrasion on front of neck and a scab abrasion on inner aspect of right forearm. The medico-legal examination report mentions no mark of injury or sign of use of force and the pathological examination report mentions no spermatozoa - dead or alive. 7. The investigation already stands concluded and a charge- sheet has been submitted on 20.03.2025. 8. 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. 9. The applicant's involvement in another criminal case bearing Case Crime No.376 of 2023 has been disclosed in para-28 of the affidavit and merely this much has been stated in the paragraph that this case has been lodged by the father of the prosecutrix as a result of a land dispute. However, there is no mention in this paragraph regarding the Sections in which this F.I.R. was lodged, whether the applicant has been arrested in this case or not and whether he has sought his release on bail or not. This manner of explaining the criminal history of the applicant, which does not disclosed the complete facts rather which conceals the relevant facts, cannot be appreciated by the Court as it does not provide any assistance in coming to a conclusion regarding criminal antecedents of the applicant. However, keeping in view the aforesaid peculiar facts of the present case coupled with the fact that Case Crime No.376 of 2023 is also said to have been lodged by the father of the prosecutrix, I am of the view that this criminal history should not come in way of the Court considering the bail application of the applicant on merits. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that initially the informant and the victim had not alleged commission of rape, which allegation has been levelled in the subsequent statement recorded under Section 183 B.N.S.S. and this allegation is not supported by the findings of the medico-legal examination report; in the statement under Section 183 B.N.S.S., the victim has stated that her family members had badly beaten her up and her injury form supports this allegation of the victim made against her own family members and the allegation of rape has been levelled by her after she had been beaten up by her family members and that the applicant is a young man aged 23 years, he is languishing in jail since 19.02.2025 whereas the investigation already stands concluded, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Shakeel Ahmad be released on bail in the aforementioned 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. . [Subhash Vidyarthi, J.] Order Date :- 28.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench