Neutral Citation No. - 2025:AHC-LKO:25911 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10989 of 2024 Applicant :- Arman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Irshad Ali,Mohammad Irfan Siddiqui,Syed Ahsan Abbas,Syed Suleman Abbas,Vivek Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Irshad Ali, learned counsel for the applicant, Shri Ajeet Singh, the learned Counsel 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. 161 of 2024, under Sections 363/366/368/376D I.P.C. and 5/6 of P.O.C.S.O. Act registered at Police Station- Malihabad, District- Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 07.06.2024 alleging that the informant's grand- daughter aged 14 years had gone missing on 01.06.2024. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that at about 04:00 PM on 02.06.2024, she received a phone call from an unknown number and the caller asked about her location thereafter the applicant and co-accused Saddam forcibly took her away in an auto-rickshaw. They went to Lucknow where they stayed for 10 days and both the accused persons committed the misdeed against her. 4. In the Statement recorded under Section 164 Cr.P.C., the informant did not mention any date of the incident. She stated that after 10 days, she escaped from that house and went to the house of her uncle. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 21 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted that the co-accused Saddam has already been enlarged on bail by this court by means of an order dated 07.03.2025, passed in Criminal Misc. Bail Application No.11388 of 2024. 6. The State has filed a counter affidavit opposing the bail application and it has been stated that victim declined to undergo medico-legal examination. A charge-sheet has already been submitted on 05.09.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has stated that his grand-daughter had gone missing on 01.06.2024 whereas the victim had stated this date to be 02.06.2024 and yet the FIR has been lodged on 07.06.2024; although the victim has alleged commission of rape by two accused persons repetitively, she declined to undergo medico-legal examination and, therefore, besides the statement of the victim, there is no material to prima facie establish the guilt of the applicant and that the applicant is a young man aged 21 years having no criminal history and he is languishing in jail since 29.08.2024 whereas the investigation already stands completed on 05.09.2024 and co-accused Saddam has already been enlarged on bail by this court, 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-Arman 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 5.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench