Neutral Citation No. - 2025:AHC-LKO:23008 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11203 of 2024 Applicant :- Abdul Kalam @ Lal Babu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Anand Dubey,Amit Tripathi,Sheo Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sheo Prakash Singh, the learned counsel for the applicant, Shri Devesh Kumar Verma, the learned Additional Government Advocate 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.0231 of 2024, under Sections 70(2)/351(3) B.N.S. & Section 5G/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Patti, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.07.2024 against four persons, including the applicant stating that the informant's grand daughter aged about 16 years had gone to market on 19.07.2024 for getting her mobile repaired. She returned back at about 7.00 a.m. on 20.07.2024 and told that while she was waiting for conveyance for coming back home the co-accused Waseem, whom she knows since earlier, offered to drop her home on his motorcycle. He took her to a secluded place near a farm, where the other accused persons also came and all of them raped her. The victim had fallen unconscious and all the accused persons went away. After regaining her consciousness at about 5.00 a.m. she came back home on a battery rickshaw. 4. In the statement of the victim recorded under Section 180 BNSS she supported the F.I.R. allegations. During medico legal examination of the victim no mark of injury or sign of use of force has been found. As per radiological examination the age of the victim has been found to be 18 years. 5. In the statement of the victim recorded under Section 183 BNSS she stated that she used to talk to co-accused- Maqbool since before. She had some private photos of co-accused Waseem with her. Waseem was demanding those photos and the victim declined to hand over the same. Waseem took her for excursion. After she came back, Maqbool, who is a friend of Waseem, met her and he took her to a farm where Waseem was present. She asked Waseem to marry her but Waseem declined. She alleged that Waseem, Sonu and two other persons had raped her. She did not level allegation of commission of rape against the applicant in this statement. 6. In the affidavit filed in support of bail application, it has been stated that the applicant is a young man aged 24 years, he is innocent, he has been falsely implicated in the present case. After the applicant's implication in the present case, he has been made an accused in a case lodged under The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986. 7. Learned counsel for the applicant has submitted that co- accused- Maqbool has already been enlarged on bail by this Court by means of an order dated 05.04.2025 passed in Criminal Misc. Bail Application No.11842 of 2024. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 30.08.2024. He has further submitted that during investigation it has come to light that as per educational record the victim is a minor and as per radiological examination report the age of the victim is 18 years. He has further stated that the applicant is involved in another case bearing Case Crime No.232 of 2024, under Section 109 (1) B.N.S and Sections 3/25/27 of Arms Act, Police Station Patti, District Pratapgarh and the applicant is also involved in another case bearing Case Crime No.300 of 2024, under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Patti, District Pratapgarh. 9. The learned counsel for the applicant has submitted that both the cases have been lodged after arrest of the applicant in the present case. One case alleges firing by the applicant while the police party was arresting him, in which incident the applicant has suffered a gun shot and no police person had got any injury and the another case under Gangster's Act has also been lodged on the basis of his involvement in the present case. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place on 19.07.2024; the victim returned home at about 7.00 a.m. on 20.07.2024, yet the F.I.R. has been lodged on 23.07.2024; that in the F.I.R. lodged three days after the victim returned home there is no mention that the victim was in a relationship with the co-accused Waseem; that allegation of commission of rape is not supported by any finding of medico legal examination report; that although the F.I.R. and the victim state that the victim is a minor, the medico legal examination report shows that she is a major; that it appears that complete facts have not been disclosed by the informant and the victim coupled with the fact that the applicant is a young man, he is languishing in jail since 25.07.2024, whereas the investigation already stands concluded and co-accused- Maqbool has already been enlarged on bail, I am of the view that the applicant is entitled to be released on bail. 11. Let the applicant- Abdul Kalam @ Lal Babu 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 :- 23.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench