Neutral Citation No. - 2025:AHC-LKO:23386 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3451 of 2025 Applicant :- Rinku Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Lko And 3 Others Counsel for Applicant :- Ashutosh Shukla,Praveen Tripathi Counsel for Opposite Party :- G.A.,Kamlesh Kumar Yadav Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ashutosh Shukla, learned counsel for the applicant, Shri Diwaker Singh, learned A.G.A. for the State, Shri Kamlesh Kumar Yadav, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.541 of 2024 under Sections 65(1), 352, 351(3) B.N.S. and 4(2) of P.O.C.S.O. Act registered at Police Station- Tarabganj, District- Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.12.2024 stating that when the informant's niece aged 15 years had gone to attend the call of nature near Bund at about 06:00 PM on 28.12.2024, the applicant raped her. When she cried, the applicant ran away. 4. In the statements of the informant recorded under Section 180 B.N.S.S., he reiterated the F.I.R. version. 5. In the statements of the victim recorded under Section 180 B.N.S.S., she stated that she used to talk to the applicant since the year 2020. When she had gone to attend the call of nature to a field alongwith her sister, the applicant came there on a motorcycle alognwith another person, who went away after dropping the applicant there, and the applicant raped her. Her sister told about the incident to her family members and when they reached there, the applicant ran away. 6. The medico-legal examination report mentions no mark of injury or sign of use of force. In the pathological examination report, no spermatozoa (living or dead) was found in the vaginal swab of the victim. 7. In the statements of the victim recorded under Section 183 B.N.S.S., she stated that she used to talk to the applicant since the year 2020 but now, she has stopped talking to the applicant because the applicant talks to some other person also. She further stated that a property dispute is going on between her family members and family members of the applicant. Although she alleged that the applicant raped her, when the Magistrate asked whether she understands meaning of this statement, she replied in negative. She further stated that when the applicant had reached there, her sister had ran away and her family members reached there within 2-3 minutes since the applicant had arrived there. When her family members reached there, her clothes were present on her body. 8. The Investigating Officer has recorded the call detail records of the applicant that between 26.11.2024 and 28.12.2024, 20 conversations have taken place between the mobile phones of the applicant and the victim's Bua. 10 conversations had taken place between the aforesaid two phones numbers on the date of the incident itself i.e. on 28.12.2024 between 07:28 and 22:24 hours. 9. The Investigating Officer has submitted a charge-sheet on 07.01.2025 for offences under Section 65(1), 352, 351(3) B.N.S. and 4(2) of P.O.C.S.O. Act. 10. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 24 years having no criminal history and he has been falsely implicated in the present case. 11. Learned A.G.A. as well as the learned counsel for the informant have vehemently opposed the bail application and they have submitted that the victim is a minor, offence committed by the applicant is heinous in nature, the allegations have been established during investigation and, therefore, the applicant is not entitled to be released on bail. 12. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that numerous mobile conversations that have come to light during investigation, indicate some kind of relationship between the parties; the findings of the medico-legal examination report does not reveal any mark of injury or allegation of commission of rape and that the applicant is a young man having no criminal history and he is languishing in jail since 30.12.2024 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. 13. Accordingly, this bail application stands allowed. 14. Let the applicant- Rinku 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 :- 24.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench