Neutral Citation No. - 2025:AHC-LKO:27292 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4029 of 2025 Applicant :- Abhay Kashyap Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Applicant :- Rakesh Chandra Tewari,Yogendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rakesh Chandra Tewari, the learned counsel for the applicant, Sri Anshuman Verma, the learned A.G.A. for the State and Sri Bhanu Pratap Singh, learned counsel for the informant and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 68 of 2025, under Sections 65(2) B.N.S and Section 5M/6 of Protection of Children from Sexual Offences Act, registered at Police Station Kotwali Dehat, District Balrampur, U.P. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 24.02.2025 stating that while the informant had gone out of his home at about 2 AM in the night of 23/24.02.2025 to urinate, the applicant entered in his home and started raping the informant's daughter aged 12 years. Upon hearing the cries of his daughter, the informant and his brother went inside the home and saw the applicant raping her. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she knows the applicant for the past one year and she loves him. She has made physical relations with him on two occasions. She had herself called the applicant by making a phone call. While they were making physical relations, her father came to know about it, he caught her and the applicant and beaten up both of them. 5. The victim was taken for the medico legal examination and before the doctor also she stated that she knows the applicant for the past one year, the applicant had came to give money to her and her family members saw him, tied him and beaten him up. She stated that she had made physical relations with him. 6. No mark of injury or sign of use of force was observed in the medico legal examination report of the victim. The pathological examination report of the victim mentions no spermatozoa in the vaginal smear of the victim. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she changed her version and she stated that the applicant entered her house, tied her hands and made physical relations against her wish. When her father came there, he had beaten up the applicant with a lathi and her uncle tied the applicant and thereafter police was called and the applicant was taken into custody. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and has been falsely implicated in the present case. 9. The learned A.G.A has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has already been submitted on 01.04.2025. 10. The learned counsel for the informant has also opposed the bail application and he has submitted that the victim is minor and the offence is heinous in nature. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim recorded by the investigating officer as well as by the doctor at the time of her medico legal examination; that the medico legal examination report of the victim reveals no mark of injury or sign of use of force and the pathological examination report also does not support the allegation of rape/making physical relations; that the applicant is a young man aged 19 years having no criminal history, he is languishing in jail since 25.02.2025 whereas the investigation already stands completed, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Abhay Kashyap be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 9.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench