Neutral Citation No. - 2025:AHC-LKO:23930 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10992 of 2024 Applicant :- Ritesh Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Shishir Pradhan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shishir Pradhan, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-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. 0440 of 2024, under Sections 137(2), 87, 70(2), 115(2) and 351(2) B.N.S. and Section 5(G)/6 POCSO Act, registered at Police Station Bachhrawan, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.07.2024 against three accused persons, namely, Kastej, Ritesh (present applicant) and Sushil, stating that all the accused persons forcibly abducted his daughter from his home at about 11.30 a.m. on 15.08.2024 when she had gone out to attend the call of nature. His daughter somehow came back home and no untoward incident took place with her. The FIR states that co-accused/Kastej wants to marry the informant's daughter. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that all the three accused persons had taken her on a motorcycle and took her to Aghaura where she stayed in the night. They took her to Gurbakshganj at about 4 a.m. and they dropped her at Bachhrawan at 8 a.m. She categorically stated that no misdeed was committed against her. 5. In the medico-legal examination of the victim, no mark of injury or sign of use of force was reported. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that when she had gone to attend the call of nature at 10 p.m., the applicant and Kastej forcibly took her to a triple storeyed house at some secluded place. The applicant went away and Kastej raped her. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 8. The State has filed its counter affidavit to oppose the bail application, annexing therewith copies of the materials collected during investigation and a copy of the charge-sheet. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has not levelled any allegation of commission of rape against the applicant; that the applicant is a young man having no criminal history and he is languishing in jail since 07.08.2024, whereas the 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Ritesh 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 :- 25.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench