Neutral Citation No. - 2025:AHC-LKO:20069 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11005 of 2024 Applicant :- Usman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Rajesh Kumar Awasthi,Ashish Raman Mishra,Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashish Raman Mishra, the learned counsel for the applicant, Sri Jayant and Shri learned for the State. 2. The applicant had earlier filed bail application No. 7198 of 2024, which has been connected with this application but after filing of the charge sheet he has filed this application. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 94/2024, under Sections 376(D), 506 IPC & Section 5(g)/6 POCSO Act, Police Station Baundi, District Bahraich. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.04.2024 stating that while the informant's daughter aged 13 years was alone in the house and her family members had gone to cultivate wheat crop in the fields, the applicant entered her house and raped her daughter at about 11 p.m. 5. In the statement of the victim recorded under Section 161 Cr.P.C., she reiterated the FIR version and she stated that when her mother came back home, she told about the incident. The medico legal examination report of the victim does not mention any mark of injury or sign of use of force. The radiological examination report mentions age of the victim to be 15 years. The pathological examination report mentions no spermatozoa or gonococci seen in the vaginal smear. In the statement of the victim recorded under Section 164 Cr.P.C., she stated that she is aged 15 years, the incident occurred at 12 in the night on 17.04.2024 when Arvesh and Usman entered her house. She had not bolted the door from the inside. Arvesh had shut her mouth and the applicant raped her for about 1/2 hours. 6. After investigation a charge sheet has been submitted against both the aforesaid persons on 18.06.2024. 7. In the affidavit file in support of the application, it has been stated that the applicant is a young man aged about 24 years having no criminal history and he has been falsely implicated in the present case. 8. The State has filed a counter affidavit opposing the bail application and it has been stated therein that the victim has been apprised of the present bail application through police. Copies of statements recorded and material collected during investigation and a copy of charge sheet has been annexed with the counter affidavit which has already been brought on record with the bail application. 9. A supplementary affidavit has been filed on behalf of the applicant annexing therewith numerous photographs showing the informant and the applicant talking on video call which shows that they were in an affectionate relationship since before. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place n 17.04.2024 and the victim claims to have informed about the same to her mother immediately thereafter and yet the FIR has been lodged on 25.04.2024; the allegation of commission of rape is not supported by any finding of the medico legal examination report and that the photograph shows that the victim and the applicant were in some kind of relation ship, coupled with the facts that the applicant is a young man aged about 22 years having no criminal history and he is languishing in jail since 08.05.2024 whereas 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-Usman 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 :- 9.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench