Neutral Citation No. - 2025:AHC-LKO:14249 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6877 of 2024 Applicant :- Anoop Kumar @ Lallu Opposite Party :- State Of U.P. Thru. Prin.Secy. Home And 3 Others Counsel for Applicant :- Amar Singh,Pawan Shukla,Raja Babu Gupta,Rajendra Prasad Mishra,Vikas Singh Counsel for Opposite Party :- G.A.,Vijay Nath Pandey Hon'ble Subhash Vidyarthi,J. 1. Heard Shri R.P. Mishra, learned counsel for the applicant, Sri Bhanu Pratap Singh, learned AGA for the State and Sri Vijay Nath Pandey, the learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 144/2024, under Sections 376D B, 506 IPC & 5 [G][M]/6 POCSO Act, Police Station Paraspur, District Gonda. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 13.04.2024 against the applicant and his brother Amit Kumar, stating that both the accused persons took the informant's niece aged 13 years into their dilapidated building at about 02:00 p.m. on 11.04.2024 and committed the misdeed against her. 4. In the statement of the victim recorded under Section 161 Cr.P.C., the victim stated that co-accused Amit had called her, he took her inside his house and committed the misdeed against her. 5. The medico legal examination report of the victim mentions blood stains on her vagina. Laceration was also found present. Pathological examination report mentions absence of spermatozoa in vaginal smear of the victim. However, the supplementary medico legal examination report mentions sexual assault and presence of penetration injury. 6. In the statement of the victim recorded under Section 164 Cr.P.C., she stated that the applicant had shut her mouth while the co-accused was raping her. 7. The State as well as the informant have filed counter affidavits and the material annexed with the counter affidavits has already been filed with the bail application. 8. In the counter affidavit filed by the State, involvement of the applicant in another case under Sections, 323, 324, 498A, 504, 506 IPC and 3/4 Dowry Prohibition Act has been disclosed. Learned counsel for the applicant states that the applicant is yet to move an application for the applicant's release on bail in that case. 9. A copy of the victim's statement recorded by the trial court had been brought on record along with the supplementary affidavit filed on behalf of the applicant, wherein she reiterated her statement given under Section 164 Cr.P.C. 10. The learned counsel for the informant has vehemently opposed the bail application and he has submitted that mere absence of mention of applicant's name in the statement of the victim recorded under Section 161 Cr.P.C. is not of any significance as the victim is merely 10 years of age and she could not narrate the incident correctly. 11. Having considered the aforesaid facts of the case and keeping in view that in the initial statement of the victim, she levelled allegations against the co-accused person only and he did not even mentions applicant's name; that in her subsequent statement also, she levelled the allegation of commission of rape against the co-accused person but she added that the applicant had shut her mouth while the co-accused, who is the applicant's younger brother, was committing the offence, which conduct appears to be highly unnatural; coupled with the fact that the applicant is a person having no criminal history and he is languishing in jail since 16.04.2024 and statement of victim having already been recorded by the trial court, in case he is released on bail, the applicant would not be in a position to influence the victim, I am of the view that the applicant is entitled to be released on bail. 12. Accordingly, this bail application stands allowed. 13. Let the applicant-Anoop Kumar @ Lallu 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. . [Subhash Vidyarthi, J.] Order Date :- 7.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench