Neutral Citation No. - 2025:AHC-LKO:23933 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5129 of 2024 Applicant :- Rajesh Kumar @ Rajesh Opposite Party :- State Of U.P.Thru. Prin. Secy. Home Civil Secrt. Lko. And 3 Others Counsel for Applicant :- Suresh Kumar Yadav,Prashansa Singh,Shiv Shankar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Prashansa Singh, learned counsel for the applicant, Sri Jayant Singh, learned AGA-I 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. 417/2014, under Section 376 IPC & Section 3/4 POCSO Act, Police Station Chanda, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.08.2014 against three persons, namely, Pankaj, Mukund and Jeet Lal stating that while the informant's daughter aged 12 years had gone to attend the call of nature at 06:00 a.m. on 15.08.2014, Pankaj took her to jungle and raped her. 4. In the statements of the victim recorded under Section 161 Cr.P.C. as well as 164 Cr.P.C., she stated that only Pankaj had raped her. During her examination-in-chief before the trial court, the victim added the name of the applicant also whereafter the applicant was summoned under Section 319 Cr.P.C. However, later on the victim turned hostile and she stated that the applicant was not present at the time of the incident and, therefore, she has been declared hostile. Even during cross examination conducted by the Assistant Prosecution Officer, the victim stated that the applicant had not committed any misdeed against her. 5. 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. 6. Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Rajesh Kumar @ Rajesh 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 :- 25.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench