Neutral Citation No. - 2025:AHC-LKO:27534 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11592 of 2024 Applicant :- Sanjay Kumar Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Surya Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Surya Narayan Mishra, the learned counsel for the applicant, Sri Diwakar Singh, the learned AGA 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. 217/2024, under Sections 351(2), 351(3), 64 B.N.S. and Section 3/4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, Police Station Motiganj, District Gonda. 3. The aforesaid case has been registered on the basis of an FIR lodged on 17.08.2024 stating that the applicant had taken away the informant's daughter aged 15 years to a sugar cane filed in the night of 02.08.2021 and committed the misdeed against her. The informant's daughter disclosed this fact on 17.04.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she supported the FIR version. 5. The medico legal examination report of the victim revealed no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she alleged commission of rape by the applicant. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge sheet dated 21.09.2024. 9. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of the statements of victim recorded by the trial court wherein she has not supported the prosecution case even in her examination-in-chief and she has been declared to be hostile. 10. Having considered the aforesaid facts and circumstances 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Sanjay Kumar Gautam be released on bail in the aforementioned 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. . [Subhash Vidyarthi, J.] Order Date :- 9.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench