Neutral Citation No. - 2025:AHC-LKO:33966 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4944 of 2025 Applicant :- Shivanshu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Krishna Ram Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Krishna Ram Yadav, the learned counsel for the applicant, Shri Abhishek Kumar 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.60 of 2025 under Sections 64(1) of B.N.S., Section 5/6 of P.O.C.S.O. Act and 3(2)V of S.C./S.T. Act registered at Police Station- Jalalpur, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.02.2025 stating that when the informant's daughter aged 12 years had gone to urinate outside the house at about 03:50 on 09.02.2025, the applicant raped her. Upon hearing the cries of the daughter, the family members went out and found her daughter crying. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant had shut her mouth with one hand, caught hold of both of her hands with the other hands, tore away her salwar from his teeth and raped her. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. 6. The victim stated that emission of semen took place on her clothes but there is nothing in the case diary to indicate whether the clothes were sent for examination. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 9. 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 has further submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 05.04.2025. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegations are not supported by the findings of the medico-legal examination report of the victim; clothes of the victim have not been sent for examination to ascertain the present of semen on her clothes coupled with the fact that the applicant is a young man aged 20 years having no criminal history and he is languishing in jail since 05.11.2024 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. 11. Accordingly, this bail application stands allowed. 12. 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 :- 30.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench