Neutral Citation No. - 2025:AHC-LKO:21691 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10930 of 2024 Applicant :- Bachkaani Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Manjusha Kapil Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Manjusha Kapil, learned counsel for the applicant who has been engaged through the Hon'ble High Court Legal Services Authority, Shri Anurag Verma, learned A.G.A.-I 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.399 of 2023 under Sections 363, 366, 376AB, 504, 506 I.P.C. & Section 5(M)/6 of P.O.C.S.O. Act registered at Police Station- Rani Ganj, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.12.2023 at about 17:51 hours against the applicant, Prema Devi and one Jawarhalal, alleging that while two daughters of the informant had gone to a provision store about 200 mts. away from her home for or getting some goods at about 04:00 PM on 07.12.2023, at the exhortation of some other person, the applicant did some obscene activities with daughters and after taking them away to some distance, he tried to rape them but he failed in his attempt. 4. In the statement of the victim recorded under Section 161 Cr.P.C., both of them stated that the applicant had forcibly picked them to his home. He kissed them on the face, tried to take away their lower clothes and gave Rs.10/- to each of them. They had beaten the applicant and thereafter, escaped to their home. 5. The medico-legal examination of the victims was declined. 6. In the statements of the victim recorded under Section 164 Cr.P.C., one of the victims stated that while she had gone to the shop, the other victim's brother had also accompanied them. Both the victims referred to the other victim as her friend and not her sister yet the victims supported F.I.R. allegations. 7. The statement of other persons recorded during investigation reveals that the victims are not real sisters. Some independent witnesses have stated that the implication of other persons is false. Co- accused Prema Devi has stated during investigation that a property dispute is going on between the parties due to which reason, the FIR has been lodged on false allegations. 8. In the affidavit filed in support of the 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. 9. Learned A.G.A.-I has vehemently opposed the bail application and he has submitted that after the allegations were established during investigation, a charge-sheet has been submitted and the trial court has taken cognizance of the offence and the trial is going on. The Statement of PW-1 recorded by the trial Court has been annexed as Annexure No.7 to the bail application wherein she stated that one of the victims was her grand-daughter and the other victim was her niece and they have wrongly been described as their daughters. She stated that the victims were medically examined. She stated that she had not witnessed the incident. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR mentions that the applicant had committed obscene activities with the two daughters at the instigation of some other person, whose name has not been disclosed in the FIR or in any of the statements; that the FIR states that the applicant had taken the victims to some distance from the shop whereas the victims stated that the applicant had taken them to his house; the medico-legal examination of the victims had been declined; the allegations levelled against co-accused persons could not be established during investigation and co-accused Prema Devi has stated about an old dispute between the parties and that the statement of the informant has already been recorded and that the applicant is a young man having no criminal history and he is languishing in jail since 14.12.2023 whereas the investigation 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- Bachkaani be released on bail in the aforementioned case on furnishing a personal bond and a surety 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. 13. Let a copy of this order be sent to the Jail Authorities through the Hon'ble High Court Legal Services Authority for ensuring its compliance. . [Subhash Vidyarthi, J.] Order Date :- 17.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench