Neutral Citation No. - 2025:AHC-LKO:28869 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4221 of 2025 Applicant :- Mahendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others Counsel for Applicant :- Dheerendra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dheerendra Singh, learned counsel for the applicant, Sri Diwakar Singh, 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. 0164 of 2024, under Sections 376-D I.P.C. and Section 5(g)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Asiwan, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.07.2024 against the applicant and two other persons Deepu and Rinku, who are real brothers stating that Deepu had enticed away the informant's daughter in the night of 21.05.2024. The informant's wife found out in the night itself that her daughter had gone missing and she went to the house of Deepu in the night itself. The police had detained Deepu in the police station and his brother Sonelal and the applicant brought the informant's daughter to the police station on 22.05.2024. 4. In the statement of the victim recorded under Section 180 BNSS, she stated that when she had gone to attend the call of nature in a field in the morning at about 5.00 a.m. on 22.05.2024 the applicant and the co-accused Rinku caught hold of her, forcibly made her sit on a motorcycle, took her to a grove and raped her. 5. The medico legal examination report of the victim revealed no mark of injury or sign of use of force. 6. As per the instructions provided to the learned A.G.A. appearing on behalf of the State the radiological test was not conducted to ascertain the age of the victim and pathological examination was not conducted for ascertaining presence of sperm. 7. In the statement of the victim recorded under Section 183 BNSS she stated that she loves the co-accused Deepu for the past five months and they had made physical relations with mutual consent on several occasions. In the night of 22.05.2024 she had gone away with Deepu, but she also alleged that while coming back the applicant and Rinku (brother of Deepu) had raped her. 8. 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. 9. 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 24.01.2025. 10. In his custodial statement, co-accused Deepu had stated that he loves the victim, both of them used to make physical relations with mutual consent and his brother Rinku and the applicant have been falsely implicated whereas they had merely found out the victim and handed her over to her family members. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that F.I.R. states that the victim had gone missing in the night of 21.05.2024 and this fact had come to light during night itself, whereas in her statement the victim has stated that she had gone away from her home at 5.00 a.m. on 22.05.2024; that from the statement of the victim and the co-accused Deepu it appears that they were in a relationship and Deepu had stated that the applicant and Rinku have implicated only because they had found out the victim and handed her over to her family members; that the allegation of commission of rape is not supported by the findings of medico legal examination report; that the applicant has no previous criminal history and he is languishing in jail since 19.01.2025 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. 12. Accordingly, this bail application stands allowed. 13. Let the applicant-Mahendra Kumar 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 :- 16.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench