Neutral Citation No. - 2025:AHC-LKO:25502 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11256 of 2024 Applicant :- Krishna Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Ashutosh Shukla,Kailash Nath Mishra,Praveen Tripathi,Rahul Mishra Counsel for Opposite Party :- G.A.,Santosh Kumar Tripathi Hon'ble Subhash Vidyarthi,J. 1. Heard the learned counsel for the applicant, Sri Anshuman Verma, learned Additional Government Advocate for the State, Sri Santosh Kumar Tripathi, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0222 of 2024, under Sections 70(1), 352, 351(2) I.P.C. and Section 3, 4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Umari Begumganj, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.07.2024 against the applicant and one Haripal Yadav stating that the accused persons took his minor daughter aged 14 years on the pretext of paying wages for the work done in paddy field, they took her in a sugarcane field and raped her. 4. In the statement of the victim recorded under Section 180 BNSS the victim supported the F.I.R. allegations. 5. The medico legal examination report of the victim revealed no mark of injury or sign of use of force her body. No live or dead spermatozoa were seen in the pathological examination of victim's vaginal smear slide. 6. In the statement of the victim recorded under Section 183 Cr.P.C. she reiterated her earlier version. 7. In the affidavit filed in support of 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. 8. The State has filed a counter affidavit annexing therewith the copies of relevant material collected during investigation and a copy of charge sheet. A rejoinder affidavit has also been filed on behalf of the applicant annexing therewith a copy of statement of victim recorded by the trial court. Although, the victim supported the prosecution case in her examination-in- chief, she did not support prosecution case in her cross- examination and she has been declared to be hostile. 9. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copy of statement of victim's mother who has been examined as PW-2 and she has also been declared to be hostile. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 25.07.2024 and the victim and the informant have turned hostile and without making any observation, which may affect the merits of the case, 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- Krishna Kumar Yadav 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. 13. As the informant and the victim both have turned hostile before the trial court and they have not supported the allegations of commission of rape, it is provided that in case any monitory benefit has been provided to the victim under any government scheme, the same shall be recovered from the informant/victim. . (Subhash Vidyarthi, J.) Order Date :- 2.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench