Neutral Citation No. - 2025:AHC-LKO:24318 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3596 of 2025 Applicant :- Sahdev Opposite Party :- State Of U.P. Thru. Prin.. Secy. Home Deptt. Govt. Lko And 3 Others Counsel for Applicant :- Shiv Pal Singh,Ambrish Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shiv Pal Singh, the learned counsel for the applicant and Shri Satyendra Srivastava, the learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 482/2024, under Sections 137 (1) Kha, 70 (2), 351 (3) of B.N.S. & Section 5(g)/6 of POCSO Act, 2012, Police Station Rupaidiha, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.12.2024 against three persons, including the applicant, on the basis of an application under Section 175 (3) of BNSS filed on 28.08.2024 alleging that while the informant was sleeping in her house, the accused persons entered there and forcibly took away the informant's daughter aged 14 years. They took her to a public toilet outside the village at a distance of about 500 meters and raped her. The informant's daughter came home and told her about the incident. The informant called on number 112 and the police from the local police station came there in the night itself and took away the applicant and Kandhai Chauhan. When the informant went to the police station in the morning alongwith her daughter, the police declined to register her case or to get her daughter's medico legal examination conducted. 4. In the affidavit filed in support of the application, it has been stated that the applicant is innocent and has been falsely implicated in the present case and he has no criminal history. 5. The learned A.G.A. appearing on behalf of the State has opposed the prayer for bail. He has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 22.03.2025. It has further been stated in the counter affidavit that information of the present application has been delivered to the informant/ victim. 6. In her statement recorded under Sections 180 and 183 BNSS, the victim alleged commission of rape against her but when she was taken for medico legal examination, she declined to undergo the same. In her statement recorded under Section 183 BNSS the victim stated that the applicant and co-accused Gangaram Chauhan had caught hold of her, whereas co-accused Kandhai Chauhan has raped her. Co-accused Gangaram Chauhan and Kandhai Chauhan have already been enlarged on bail by this court by means of orders dated 19.03.2025, passed in Criminal Misc. Bail Application Nos.1070 of 2025 and 1103 of 2025 respectively. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although it is alleged in the FIR that the informant had given information of the incident by dialing number 112 immediately after the incident, there is no mention about any fact in this regard in the counter affidavit filed by the State and the informant has not come forward for the bail application in spite of having knowledge of the same; that although the FIR alleges commission of rape, the victim has declined to undergo medico legal examination and that the FIR has been lodged on the basis of an application under Section 175 (3) filed after about a month since the alleged incident and that the applicant has no criminal history and is languishing in jail since 18.03.2025, whereas both the co- accused persons have already been granted bail by this court, I am of the view that the applicant is entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Sahdev 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 29.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench