Neutral Citation No. - 2025:AHC-LKO:34112 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4965 of 2025 Applicant :- Shiva Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Applicant :- Jayveer Rajput Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Jayveer Rajput, the learned counsel for the applicant, Sri Mohd. Asif Khan, 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. 30 of 2025, under Sections 64, 351(2) of B.N.S. and 3/4 Protection of Children from Sexual Offences Act, Police Station Dahi, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.02.2025 stating that while the informant's daughter aged 14 years had gone to cut grass at 11:00 a.m. on 08.02.2025 along with informant's nephew aged 12 years. The applicant dragged her inside a tube well with evil intention. The informant went there after sometime and she found her nephew there but he did not tell anything to her. Her daughter told about the incident on 10.02.2025 whereupon she came to lodge the FIR. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant had raped her and thereafter she came back with her cousin. 5. Initially on 11.02.2025, the informant declined medico-legal examination of the victim but subsequently it was conducted o 14.02.2025 and no mark of injury or sign of use of force came to light in her medico legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she alleged that she herself had gone to the tube well for watching T.V. where the applicant was sleeping. The applicant woke up and committed the misdeed against her. She came back after two hours. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years and he has been falsely implicated in the present case. 8. Learned A.G.A. 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 03.05.2025. The learned AGA has pointed out involvement of the applicant in another case under Section 60 of the Excise Act relating to the year 2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegations are not supported by the medico legal examination report and the victim has stated that she stayed with the applicant inside the tube well for two hours and thereafter she came out of her own, 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 13.02.2025 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-Shiva 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 :- 30.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench