Neutral Citation No. - 2025:AHC-LKO:21436 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11583 of 2024 Applicant :- Aman @ Anuj Sonkar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sandeep Kumar Pal,Desh Deepak Singh Counsel for Opposite Party :- G.A.,Praveen Kumar Tripathi,Roopa Majhvar Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sandeep Kumar Pal, learned counsel for the applicant, Sri Alok Kumar Tiwari, learned A.G.A. as also Ms. Roopa Majhvar, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in F.I.R./Case Crime No. 321 of 2024, under Sections 70(2), 351(3), 137(2), B.N.S. and Section 5/6, POCSO Act, Police Station Ashiyana, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged at 22:53 hrs. on 01.09.2024 against the applicant, Shivam and another unnamed boy, stating that when the informant's niece, aged 14 years, had gone to get flour at a general store between 8:30-9:00 p.m. on 30.08.2024, the accused persons enticed her away to an under construction house nearby and they raped her. 4. In the statement of the victim recorded under Section 180, B.N.S.S., she stated that she had gone to get flour from the shop. The applicant and Shivam met her near a Neem tree and they took her inside the house at Ansal. Shivam was standing outside and Aman (applicant) raped her. Thereafter, she went to the shop, asked for water from the shopkeeper, took flour and went home. 5. The Medico-legal Examination report of the victim mentions no mark of injury or sign of use of force. 6. The findings of the Pathological Examination report also do not support the allegation of rape. 7. In the statement of the victim recorded under Section 183, B.N.S.S. she reiterated her earlier statement, but she stated the date of incident to be 13.08.2024. 8. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, having no criminal history and he has been falsely implicated in the present case. It has been further stated in the affidavit that investigation has been completed and chargesheet has been filed. 9. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copy of the statement of the victim recorded by the trial court. The victim has not supported the prosecution case and she has been declared to be hostile. Even in her cross-examination by the Public Prosecutor, she did not support the prosecution case. 10. The State has filed a counter affidavit annexing therewith copies of the material collected during investigation. 11. The learned A.G.A. as well as the learned counsel for the informant have opposed the bail application and they have submitted that the allegations have been established during investigation and, therefore, charge-sheet has been submitted against the applicant. 12. Having considered the aforesaid facts and circumstances of the case, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 13. Accordingly, this bail application stands allowed. 14. Let the applicant- Aman alias Anuj Sonkar 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 :- 16.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench