Neutral Citation No. - 2025:AHC-LKO:20777 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11190 of 2024 Applicant :- Prabhakar Pal @ Jitu Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Bharat Kumar Dixit,Deepansi Counsel for Opposite Party :- G.A.,Seema Kashyap Hon'ble Subhash Vidyarthi,J. 1. Heard Smt. Deepansi, learned counsel for the applicant, Smt. Shikha Sinha, learned Additional Government Advocate for the State, as well as Smt. Seema Kashyap, 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.0243 of 2024, under Sections 64, 76, 115(2), 352 and 351(2) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Dalmau, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.07.2024 alleging that when the informant's daughter aged 16 years had gone towards the canal for attending the call of nature between 7-8 p.m. on 12.07.2024, the applicant molested her and when the informant's daughter resisted, the applicant had beaten her with his belt and kicks & fists and he tried to strangulate her. Hearing the cries of her daughter, the informant rushed to the spot whereupon the applicant abused and threatened her and ran away. Clothes of the informant's daughter got torn in the scuffle. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the FIR version. The informant gave consent for only external medico-legal examination of her daughter and not for internal medico-legal examination. The external medico-legal examination revealed bluish discoloration around left eye, a bruise on posterior aspect of left thigh and pain in neck and right lower limb. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she alleged commission of rape by putting hand inside her vagina. 6. In the affidavit filed in support of bail application, it has been stated that the applicant is a young person aged 19 years having no criminal history and he has been falsely implicated in the present. 7. The State has filed its counter affidavit annexing therewith copies of the material collected during investigation as well as a copy of the charge-sheet dated 17.08.2024. 8. The learned Additional Government Advocate has opposed the bail application and submitted and allegations have been established during investigation and, therefore, a charge-sheet has been submitted. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no allegation of commission of rape either in the FIR or in the statement of the informant and the victim recorded under Section 180 B.N.S.S.; this allegation has been levelled for the first time in the statement of the victim recorded under Section 183 B.N.S.S., whereas the informant had declined internal medico- legal examination of the victim and the allegation is not supported by findings of the medico-legal examination report coupled with the fact that the applicant is young man aged 19 years having no criminal history and he is is languishing in jail since 14.08.2024, whereas the investigation already stands concluded, I am of the view that the applicant is entitled to be released on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Prabhakar Pal @ Jitu Pal 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 :- 11.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench