Neutral Citation No. - 2025:AHC-LKO:19081 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11441 of 2024 Applicant :- Badal Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Ramakar Shukla,Anurag Singh Chauhan,Dinesh Kumar Pushpakar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anurag Singh Chauhan, learned counsel for the applicant, Sri Mohd. Asif Khan, 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. 21 of 2024, under Sections 363, 366, 376 (2) I.P.C. and Section 5L/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Hathgwan, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.02.2024 stating that the applicant had developed loving relations with the informant's daughter aged about 16 years and he used to talk to her on phone. The applicant enticed away the informant's daughter at about 6.00 p.m. on 29.01.2024 and her daughter had taken away Rs.1.5 lacs cash and some jewelry with her. She requested that she could not find out her daughter in spite of extensive search. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she stated that while she was working in a brick kiln with her father she had came in contact with the applicant and the applicant had enticed her away, raped her for three continuous days, took away her jewelry and thereafter dropped her back near a police station. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. The age of the victim has been opined to be approximately 17 years. The pathological examination report mentions no spermatozoa seen in the vaginal smear. As per educational certificate the date of birth of the victim is 06.11.2006. In the statement of the victim recorded under Section 164 Cr.P.C. she stated that the applicant had taken her away at about 6.00 p.m. on 29.01.2024 along with another person. He kept her at a secluded place, raped her five times and thereafter dropped her back near the police station at about 1.00 p.m. on 01.02.2024. Although initially she stated that she does not know the applicant, in response to a specific question she stated that she knows the applicant and she was in a relationship with him. She further stated that she had not taken any articles from her home and this allegation has been levelled falsely by her mother. The victim stated that the applicant had kept her in a jungle from 29.01.2024 to 01.02.2024 and during this period the applicant and the victim did not eat anything. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 19 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. In the statement of the applicant recorded by the Investigating Officer he stated that he is aged about 19 years. He also used to work in brick kiln where the victim used to work with her father and loving relations developed between them. He stated that the victim herself had called him by making a phone call and she state that her family members were harassing her and she insisted that unless the applicant takes her away she would commit suicide. After investigation a charge sheet has been submitted on 13.05.2024. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the victim is a minor, the allegations are serious in nature which have been established during investigation and a charge sheet has already been submitted. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has stated in both her statements that the applicant had taken her away on 29.01.2024 and had dropped her back near a police station on 01.02.2024, while the F.I.R. has been lodged on 08.02.2024 and there is no explanation for this delay; that the victim has stated that the allegations regarding some cash and jewelry having been taken away by her are false; that the allegation of commission of rape repetitively for three consecutive days without any food having been taken by the victim as well as by the applicant is not supported by any findings of medico legal examination report; that the applicant is a young man having no previous criminal history and he is languishing in jail since 07.05.2024 and the investigation already stands concluded 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Badal 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 :- 5.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench