Neutral Citation No. - 2025:AHC-LKO:33585 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4868 of 2025 Applicant :- Mohit Opposite Party :- State Of U.P. Thru. Prin. Sec. Home Lko. And 3 Others Counsel for Applicant :- Pankaj Kumar Tiwari,Satish Kumar Pandey,Vaibhav Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pankaj Kumar Tiwari, learned counsel for the applicant, Sri Anshuman Verma, 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. 542 of 2024, under Sections 137(2), 70(2), 351(3) B.N.S. and Section 5g, 6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Tarabganj, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.12.2024 stating that one Suraj had enticed away the informant's daughter aged about 15 years in the night of 29.12.2024. 4. In the statement of the victim recorded under Section 180 BNSS, she stated that she had gone to attend the call of nature at about 2.00 a.m. 29.12.2024, the applicant and Suraj forcibly made her sit on their e-rickshaw. They took her to their home in block Jhanjhri and both of them raped her. They dropped her back near her home at about 6.00 p.m. on 31.12.2024. 5. The medico legal examination report of the victim revealed no mark of injury or sign of use of force. The hymen was reported to be ruptured, old torn. The pathological examination report mentions no live or dead spermatozoa seen in the vaginal smear slide. As per the educational certificate the date of birth of the victim is 15.07.2009. 6. In the statement of the victim recorded under Section 183 BNSS she stated that she knows the co-accused Suraj for the past two years. The applicant is a friend of Suraj. Both of them had taken her in an e-rickshaw to the house of Mohit. The family members of Mohit were present there. Mohit took the victim to a separate room where both the co-accused persons had committed the misdeed against her while all the family members were present there. Upon being asked as to what misdeed was committed by the accused persons, she did not give any reply. 7. 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. 8. 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 20.02.2025. The information of the present application has been delivered to the informant through police. The learned A.G.A. has pointed out that as per the medico legal examination report the applicant is aged about 19 years. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has not disclosed as to what misdeed was committed against her; that the medico legal examination report of the victim does not mention use of force; that the applicant is a young man aged 19 years having no previous criminal history and he is languishing in jail since 11.01.2025 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Mohit 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 :- 30.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench