Neutral Citation No. - 2025:AHC-LKO:21101 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11020 of 2024 Applicant :- Jamaluddin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Sri Rajiv Kumar Verma, learned A.G.A. 2. The instant application has been filed seeking release of the applicant on bail in Complaint Case No. 18 of 2023, under Sections 363, 376 I.P.C., Police Station Malhipur, District Shrawasti. 3. The aforesaid case has been registered on the basis of an application under Section 156(3), Cr.P.C. filed on 29.09.2022 stating that while the applicant’s daughter, aged 13 years, was sleeping inside the house, the applicant stealthly entered the house at about 9.00 p.m. on 13.09.2022, gagged her mouth, took her to a corn-field and raped her. Upon hearing the hue and cry raised by the complaiant’s daughter, the complainant, Israr and Bhusaili and several other neighbours reached the spot and saved the complainant’s daughter. 4. Statement of the complainant was recorded under Section 200, Cr.P.C. wherein she reiterated the complaint’s case. 5. Statement of the victim, Israr and Bhusaili have been recorded under Section 202, Cr.P.C. wherein the victim has reiterated the complaint’s case. Israr and Bhusali have stated that they had reached the spot upon hearing the hue and cry and had seen the applicant running away. The victim had told that the applicant had raped her. 6. The victim was not medically examined and the allegations are not supported by the findings of the Medico-Legal- Examination report. 7. In the affidavit filed in support of the application it has been stated that applicant is a young man aged 23 years, having no criminal history and he has been falsely implicated in the present case. 8. The State has filed a counter affidavit annexing therewith a copy of the statement of the complainant recorded under Section 200 and of the victim recorded under Section 202, Cr.P.C. The counter-affidavit is silent about receipt of any complaint sent by the complaint to the Superintendent of Police. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 13.09.2022 and the application under Section 156(3), Cr.P.C. has been filed on 29.09.2022; although the complainant alleges that she had given an application to the Superintendent of Police, Shrawasti, copy of such complainat/application and the proof of its service on the Superintendent of Police concerned has not been annexed with the application under Section 156(3), Cr.P.C.; the allegagtions are not supported by any Medico-Legal-Examination report; the applicant has no criminal history and he is languishing in jail since 19.09.2024, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Jamaluddin 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 :- 15.4.2025/A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench