Neutral Citation No. - 2025:AHC-LKO:24738 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3653 of 2025 Applicant :- Rinku Opposite Party :- The State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Dharmendra Pratap Singh,Anuj Kumar Gupta,Ashutosh Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharmendra Pratap Singh, learned counsel for the applicant, Sri Anant Pratap Singh, 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.0121 of 2025, under Sections 64(2)(f), 64(2)(m) of B.N.S. and Section 5(1)5(n), 6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Deva, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.02.2025 alleging that the applicant made obscene comments against the informant's daughter at about 10.00 a.m. on 09.02.2025 and threatened to virally spread the photos and videos of the misdeed committed against her earlier. He took her to his field and again raped her. 4. In the statement of the victim recorded under Section 180 BNSS she stated that the applicant forcibly took her to the fields and made physical relations against her wishes. When a considerable time had elapsed, her father made a phone call to the informant and thereafter he made phone call to the father of the applicant and the applicant's father asked the victim to go home. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183 BNSS she stated that the applicant had forcibly taken her towards a jungle and raped her and he prepared photo and video of rape committed earlier and has shown the same to several villagers. However, she stated that she had not seen the video. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 22 years, he 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 she has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 25.03.2025. It has also been submitted by the learned A.G.A. that the information of present application has been delivered to the informant/victim through police. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 09.02.2025, whereas the F.I.R. has been lodged on 22.02.2025; that although the F.I.R. states the place of incident to be the applicant's field and the victim has also stated so in her statement under Section 180 BNSS, she has further stated that when her father made phone call to the applicant's father, the latter asked her to go back home; that in the statement of the victim recorded under Section 183 BNSS she stated the place of occurrence to be a jungle; that the allegation of commission of rape is not supported by the medico legal examination report; that the applicant is a young man having no previous criminal history and he is languishing in jail since 23.02.2025 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-Rinku 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 :- 30.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench