Neutral Citation No. - 2025:AHC-LKO:27750 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11387 of 2024 Applicant :- Yakoob Ali @ Mohammad Yakoob Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Mahendra Pratap Verma,Rahul Srivastava,Subham Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Learned counsel for the applicant has filed a supplementary affidavit, which is taken on record. 2. Heard Sri Rahul Srivastava, learned counsel for the applicant and Sri Jayant Singh Tomar, the learned A.G.A.-I for the State, and perused the record. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 253 of 2024, under Sections 74, 75, 351(2), 127(2), 65(1), B.N.S. and Section 3/4 POCSO, Police Station Bheeti, District Ambedkar Nagar. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.09.2024 alleging that the informant’s 12 year old daughter told her on the date of lodging the F.I.R. that the applicant, who lives in a house in front of the informant’s house, took the victim inside a room, touched her private parts and made her masturbate him. 5. In the statement of the informant recorded under Section 180, B.N.S.S. the victim stated that while she was playing outside, the applicant took her inside his home, touched her private parts and made her touch his private part and thereafter he left her. 6. The medico-legal examination report of the victim was conducted on 07.09.2024. During her medico legal examination, her mother/ informant told that the incident took place on 28.08.2024 and she merely stated that the applicant touched her daughter’s private part without taking off her clothes and he forcibly took her hand near his private part. The medico-legal examination report of the victim does not contain anything significant besides the aforesaid statement of the informant. 7. In the statement of the victim recorded under Section 183, B.N.S.S. she stated that applicant had raped her and she specifically stated that the applicant had put his penis inside her vagina. 8. In the affidavit filed in support of the bail-application, it has been stated that the applicant is a 72 years’ old person, having no criminal history and he has been falsely implicated in the present case. 9. The State has filed a counter-affidavit opposing the bail- application and copies of the material collected during investigation as well as a copy of the chargesheet dated 21.09.2024 have been annexed therewith. 10. A supplementary affidavit filed today on behalf of the applicant contains therewith copies of the statements of the victim and the informant recorded by the trial court, wherein although the informant has stated in her statement that the victim had told her that the applicant had touched her private part in the vagina of the victim, in the statement of the victim recorded by the trial court, she has stated that the applicant had put his penis inside her vagina, however, she has also stated that her mother had guided her about the statement that should be given by her. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that the F.I.R. lodged on 06.09.2024 does not disclose the date of the incident and before the Doctor the informant stated that the incident took place on 28.08.2024, from which it appears that the F.I.R. has been lodged after nine days of the incident; there are major discrepancies in the statements given at various stages regarding the incident of the misdeed committed and the allegation of commission of rape is not supported by the findings of medico-legal examination report, that the applicant is a 72 years old person having no criminal history, he is languishing in jail since 07.09.2024 and the statements of the informant and the victim already having been recorded, in case of his release on bail, the applicant will not be in a position to incluence the witnesses, 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- Yakoob Ali alias Mohammad Yakoob 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 :- 12.5.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench