Neutral Citation No. - 2025:AHC-LKO:28104 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4041 of 2025 Applicant :- Sanjay Chauhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sushil Kumar, learned counsel for the applicant, Sri Alok Kumar Tiwari, 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.0191 of 2024, under Sections 64, 351(2), 351(3) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Dhammaur, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.11.2024 stating that the informant along with her daughter had gone to attend a marriage ceremony in a relation at Dhammaur, District Sultanpur. The informant's daughter aged about 16 years had gone to a grove to attend the call of nature at about 10.00 p.m. on 26.11.2024 and the applicant caught hold of her and molested her. 4. In the statement of the victim recorded under Section 180 BNSS she stated that the applicant molested her in a grove, where she had gone to attend the call of nature. 5. The medico legal examination report of the victim revealed no mark of injury or sign of use of force. However, the hymen was found ruptured. The age of the victim was estimated to be above 18 years. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 20 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 27.10.2024. The learned A.G.A. has produced a copy of FSL report, as per which no semen or spermatozoa was found in the vaginal smear slide of the victim. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. and the statement of the victim merely allege molestation, although subsequently the victim has alleged commission of rape, but this allegation is not supported by the findings of medico legal examination report or the FLS report and the applicant is a a young man having no previous criminal history and he is languishing in jail since 03.12.2024 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Sanjay Chauhan 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 :- 14.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench