Neutral Citation No. - 2025:AHC-LKO:21105 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11121 of 2024 Applicant :- Shiva Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Jay Krishna Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Jay Krishna Shukla, 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 F.I.R./Case Crime No. 122 of 2024, under Sections 363, 366, 376(3), 354(D), 504 & 506 I.P.C., Section 3/4(2), POCSO Act, Police Station Baghrai, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.04.2024 against the applicant, Vimlesh, Abhishek and their unnamed relatives stating that the applicant had enticed away the informant’s daughter, aged 12 years, in the night of 18.04.2024. 4. Statement of the victim was recorded on 19.04.2024, wherein she alleged that the accused persons had sprinkled some anesthetic medicine and thereafter had taken her on a motorcycle to Chandrika Devi Temple and he had forcibly made physical relation with her. She further stated that the applicant had told that he would marry her and would take her to Delhi. Thereafter, the applicant dropped her back near her house. 5. The Medico-Legal-Examination report of the victim mentions no mark of injury or sign of use of force. 6. The findings of the Pathological Examination report also do not support the contention of the applicant having made physical relations with the victim. 7. As per Radiological Examination Report, age of the victim is about 15 years. 8. In her statement recorded under Section 164, Cr.P.C. the victim stated that she was sleeping with her mother outside the house and the accused persons sprinkled some anesthetic medicine on her as well as on her mother. She also stated that the applicant forcibly made physical relations with her at Chandrikan and thereafter he dropped her back near her home. She further stated that the accused persons were stalking her for the past two months. 9. In the affidavit filed in support of the application it has been stated that applicant is a young man aged 18 years, having no criminal history and he has been falsely implicated in the present case. 10. The State has filed a counter affidavit opposing the bail application. Copies of the material collected during investigation and a copy of the chargesheet dated 12.06.2024 have been annexed with the counter-affidavit. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation of use of force is not supported by the findings of the Medico-Legal- Examination report and the allegation of rape is not supported by the Pathological Examination Report; the applicant is a young man aged about 18 years, having no criminal history and he is languishing in jail since 21.04.2024; the investigation has been concluded and chargesheet has been filed, 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. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Shiva Saroj 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