Neutral Citation No. - 2025:AHC-LKO:25006 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3679 of 2025 Applicant :- Waris Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Manoj Kumar Singh, learned counsel for the applicant, Ms. Shikha Sinha, 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.474 of 2024 under Sections 137(2), 127(4), 70(2) of B.N.S. & Section 5g/6 of P.O.C.S.O. Act registered at Police Station- Rupaideeha, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.12.2024 against the applicant and Zahid, stating that the accused persons had enticed away the informant's daughter at about 02:00 on 17.09.2024. They dropped back the informant's daughter near her home on 27.11.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant resides in the same village in which she resides. They had forcibly made her sit on a motorcycle and kept her in a room at an unknown place. They used to go away during day time after locking the door from outside and used to rape her during the night for about 70 days. Thereafter, they dropped her back near her home in the morning of 27.11.2024. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. The pathological examination report mentions no spermatozoa (dead or alive) was seen during examination of vaginal swab. The radio-logical examination was not conducted to ascertain the age of the victim and her educational certificate mentions her date of birth to be 05.06.2009. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 7. A supplementary affidavit has been filed by the applicant disclosing his involvement in a criminal case under Sections 323, 504 IPC in which he has been granted bail by an order passed by the Chief Judicial Magistrate, Bahriach on 16.06.2012. 8. Learned A.G.A. has vehemently opposed the bail application and he has submitted that the information of the present application has been delivered to the informant through police and she has further submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 21.12.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant's daughter is alleged to have been kidnapped/enticed away on 17.09.2024 and she came back on 27.11.2024 and yet the FIR has been lodged on 01.12.2024 and it does not allege commission of rape; that the allegation of rape has been levelled for the first time in the statement of the victim recorded by the Investigating Officer but this allegation is not supported by the medico-legal examination report of the victim and that the applicant is languishing in jail since 14.12.2024 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Waris Ali 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