HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3853 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Shashank Tilhari, learned counsel for the applicant, Sri Satyendra Srivastava, 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. 584 of 2024, under Section 142 B.N.S. and Section 16/17 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Gomti Nagar, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.11.2024 against an unknown person stating that the informant's daughter aged about 14 years had gone away from her home without telling anyone. 4. In the statement of the victim recorded under Section 180 BNSS she stated that in anger she had gone out of her home. She sat in an auto rickshaw and when all the other passengers alighted the auto driver started molesting her. Thereafter, a boy took her to a room in the village where four persons were present. Three persons remained outside the room and that boy raped her for half Versus Counsel for Applicant(s) : Satish Kumar, Abhishek Kumar, Amit Bhardwaj, Anurudh Kumar Singh, Satish Kumar, Shashank Tilhari Counsel for Opposite Party(s): G.A., Surjeet Kumar Mishra, Utkarsh Kumar Neeraj Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) an hour. One of the boy was named Neeraj. 5. In the statement of the victim recorded under Section 183 BNSS the she stated that the boy had committed the misdeed against her in the night as well as in the morning and thereafter when she asked him to drop her at Lucknow that boy dropped her to Lucknow. 6. In the affidavit filed in support of 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. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge sheet dated 02.04.2025. The charge sheet mentions that the co- accused Akhilesh Kumar Viswakarma who had committed rape in a room, the keys whereof was with the applicant and the applicant had handed over him the keys of the room. 8. The co-accused Akhilesh Kumar Viswakarma has already been granted bail by a coordinate Bench of this court by means of an order dated 09.06.2025, passed in Criminal Misc. Bail Application No.5020 of 2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 29.01.2025 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-Neeraj Yadav 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 BAIL No. 3853 of 2025 2 trial court, unless his appearance is exempted by the learned trial court. September 10, 2025 Ram. BAIL No. 3853 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench