Neutral Citation No. - 2025:AHC-LKO:25028 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3687 of 2025 Applicant :- Chand Mohammad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Syed Wajahat Ali @ Vijahat Ali Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Syed Wajahat Ali @ Vijahat Ali, learned counsel for the applicant, Shri Anant Pratap Singh, learned A.G.A. 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.420 of 2024 under Sections 376D, 342, 506, 452 IPC & Section 5G/6 of P.O.C.S.O. Act and 3(2)v, 3(2)VA of S.C./S.T. Act registered at Police Station- Sandila, District- Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.12.2024 against a solitary accused person Raj Gupta stating that he had enticed away the informant's daughter aged 16 years at about 06:00 PM on 20.12.2024 and he took her towards a grove. When people started searching for her, the accused ran away leaving the girl in the grove and she was found in the grove after about two hours in the grove situated behind the colony. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, she knows the named accused for the past eight months and he used to say that whenever her parents scold her, she should come to him and he would marry him. As her parents scolded her, she had gone to the house of named accused Raj but upon coming to know that her parents had gone to the police station, Raj asked her to go back home. 5. Although the victim had not mentioned the name of the applicant in the statement recorded under Section 180 B.N.S.S., in the statement recorded under Section 183 B.N.S.S., she stated that while she was alone in her house on 21.12.2024, the applicant and the named accused Raj both came to her house and both of them had raped her. In this statement, she implicated yet another accused person Shiv, who is brother of the named accused Raj. 6. The medico-legal examination report mentions no mark of injury or sign of use of force on any part of her body and merely an abrasion was present on her forehead. No signs suggestive of recent penetration of vagina were found during her medico-legal examination. 7. As per the radio-logical examination report, her age is about 17 years. 8. In the affidavit filed in support of the 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. 9. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 03.02.2025. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR has been lodged after the victim had reached back home, the applicant is not named either in the FIR or in the statement recorded under Section 180 B.N.S.S. and he has been implicated for the first time in the statement of the victim recorded under Section 183 B.N.S.S.; that besides the statement of the victim recorded under Section 183 B.N.S.S., there is no other material against the applicant and that the applicant has no criminal history and he is languishing in jail since 14.01.2025 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- Chand Mohammad 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 :- 1.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench