Neutral Citation No. - 2025:AHC-LKO:45096 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7167 of 2025 Applicant :- Vipin Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Shravan Kumar Upadhyay,Mamta Singh,Mantosh Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Smt. Mamta Singh, learned counsel for the applicant, Sri Hansraj Verma, learned Additional Government Advocate for the State and Sri Ranjeet Pratap Singh, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 106 of 2025, under Sections 74, 351(1), 137(2), 115(2) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Raniganj, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.04.2025 stating that while the informant's daughter aged about 13 years was sleeping outside the house in the night of 15.04.2025 the applicant took her to some distance from the home, used force and molested her. When the informant's other daughter woke up and did not found her sister, she told her father and thereafter the informant and her husband looked for her and found her at a distance of about 100 meters. She told that the applicant had taken her away, has used force and has molested her. 4. In the statement of the victim recorded under Section 180 BNSS she alleged that the applicant is son of elder brother of her father, he had taken her to a field, took off clothes of both of them and inserted some object in her private part. The medico legal examination report of the victim mentions no mark of injury or sign of use of force and the internal examination also did not reveal any injury. The pathological examination report mentions that no spermatozoa was found in vaginal smear slide. In the statement of the victim recorded under Section 183 BNSS she reiterated the F.I.R. version. 5. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 24 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. It has further been stated in the affidavit that a dispute regarding partition of ancestral property is going on between the father of the applicant and the father of the alleged victim. 6. The learned Additional Government Advocate appearing on behalf of the State and the learned counsel for the informant have opposed the prayer for bail. The learned A.G.A. has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 04.05.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place in the night of 15.04.2025 and the F.I.R. has been lodged on 16.04.2025 at 18.10. Hrs.; that there is no allegation of commission of rape in it; although this allegation was levelled in the statement of the victim, the allegation is not supported by findings of the medico legal examination report; that the applicant is nephew of the informant and the cousin of the victim and this fact was not disclosed in the F.I.R.; that the applicant has no previous criminal history and he is languishing in jail since 19.04.2025 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Vipin Kumar 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 :- 4.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench