Neutral Citation No. - 2025:AHC-LKO:29028 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4254 of 2025 Applicant :- Deepak Kumar Yadav Opposite Party :- State Of U.P. Thru. Secy. Home Lko And 3 Others Counsel for Applicant :- Pravin Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Pravin Singh, the learned counsel for the applicant, Shri Rajiv Kumar Verma, the 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.65 of 2025 under Sections 137(2), 87, 64(1) of B.N.S., Section 3/4 of P.O.C.S.O. Act registered at Police Station- Bhadokhar, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.02.2025 stating that the applicant had enticed away the informant's daughter aged 19 years at about 06:30 AM on 17.02.2025. 4. The informant herself told the Investigating Officer that her daughter, who had gone away on 17.02.2025 and had come back to her home on 18.02.2025 and she took her to the police station for recording her statement under Section 180 B.N.S.S. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, the applicant had called her and, therefore, she had gone away from her home, the applicant took her to a Jungle and asked her to sit there and he would return in the evening but he did not came back. 6. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force and the chart mentioned in the proforma of the medico-legal examination report mentions no such history given by the survivor against 'details regarding sexual violence'. As per the radio-logical examination report, the age of the victim is about 16-17 years. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she had gone to attend the call of nature, she met the applicant's sister Shubhi aged 18 years, who forcibly took her to her home and locked her in a room. The applicant came there after ten minutes and raped her and he set her free at about 07:00 PM. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 21 years having no criminal history and he has been falsely implicated in the present case. 8. Learned AGA has opposed the bail application and he has submitted that the information of the present application has been delivered to the informant through police. He further submitted that the allegations against the applicant have been established during investigation and a charge-sheet has been submitted on 07.04.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim is said to have gone away from her home on 17.02.2025 and she returned on her own on 18.02.2025; the informant herself took the victim to the police station for recording her statement under Section 180 B.N.S.S. in which she did not level any allegation of commission of any misdeed; although the victim has stated in her statement under Section 183 B.N.S.S. that the applicant raped her, this allegation is not supported by the statement of the victim given during her medico-legal examination and findings of the medico-legal examination report coupled with the fact that the applicant is a young man aged 21 years having no criminal history and he is languishing in jail since 04.04.2025 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 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, unless his/her appearance exempted by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 16.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench