Neutral Citation No. - 2025:AHC-LKO:30699 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4498 of 2025 Applicant :- Neeraj @ Suraj Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Nisha Devi,Ajai Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajai Kumar Shukla, the learned counsel for the applicant, Sri Ajeet Singh, the learned State Counsel and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 382 of 2024, under Sections 61(2), 64, 87, 137(2), 352, 351(2) of BNS and 3/45 POCSO Act, Police Station Kotwali Dehat, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.12.2024 against the applicant, his brother and mother, stating that the informant's daughter aged 15 years had gone missing on 02.12.2024 and the applicant and his brother Suraj Saroj made a phone call to the informant at about 11:00 p.m. on 07.12.2024 and had stated that his daughter was laying outside his home; the informant came out and found her daughter laying at some distance. She told that the applicant and his brother Suraj had enticed her away. They used to keep her in a grove in front of their house during the day and they kept her inside their home during the night. Both of them used to rape her. 4. The applicant's mother co-accused Rekha Devi was also involved in commission of the offence. She further stated that the co-accused Suraj Saroj had forcibly put vermilion on the head of the victim. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the FIR version and she stated that the applicant and his brother Suraj had taken her away on a motorcycle at 06:00 p.m. on 02.12.2024 to a grove of Amla far away from the village and both of them raped her there. They used to keep her in Amla grove during the day and they kept her in their home during the night. They dropped her back home at about 11:00 p.m. on 07.12.2024. 6. The medico-legal examination report of the victim reveals no mark of injury or sign of use of force on any part of her body. The hymen was reported to be not intact. As per the radio- logical examination, the age of the victim has been opined to be about 17 years. The pathological examination report mentions that no spermatozoa was seen in the examined slide. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version but she stated that the accused persons had kept her in a jungle at a short distance from her home for 3-4 days. She did not raise her voice and she did not attempt to escape. They use to keep her in jungle during the day and in their home during the night. She stated that the accused persons had taken her away on 02.12.2024 and she was having her menstrual period since 02.12.2024 for about three days. 7. The Investigating Officer has recorded the statements of some independent witnesses. A shop owner stated that no such incident took place in the village. The statement of the grove owner was also recorded by the Investigating Officer and he stated that no girl was kept bondage in his grove. She stated that it was cultivation time and his entire family was involved in taking care of the crop. In case any such incident had taken place he and his family members must have come to know about it. 8. Another witness Vishal Saroj has stated that the victim was having love affair with the applicant's brother Neeraj @ Suraj but the family members of Suraj were willing to get the Neeraj's sister married first and thereafter they would perform the marriage of the victim with Neeraj @ Suraj and for this reason, this false FIR was lodged. 9. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years having no criminal history and he has been falsely implicated in the present case. 10. Learned State Counsel has opposed the bail application and he has stated that the allegations have been established during investigation and a charge sheet has been submitted on 12.01.2025. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the independent witnesses, including statement of the grove owner, and that the applicant is a young man aged 23 years having no criminal history and he is languishing in jail since 27.12.2024 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. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Neeraj @ Suraj Saroj 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. Order Date :- 22.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench