Neutral Citation No. - 2025:AHC-LKO:25506 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11647 of 2024 Applicant :- Anas Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others Counsel for Applicant :- Rakesh Kumar Mishra,Atul Kumar Yadav,Prabhakar Srivastava,Shri Prakash Pandey,Vindhya Washini Kumar Counsel for Opposite Party :- G.A.,Maya Ram Yadav Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Atul Kumar Yadav & Sri Prabhakar Srivastava, the learned counsel for the applicant, Sri Arvind Kumar Pandey, learned Additional Government Advocate for the State, Sri Maya Ram Yadav, the 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.176 of 2024, under Sections 137(2), 87, 70(2) B.N.S. and Section 5g/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Khodare, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.08.2024 against the applicant, another named person Shadab and two unknown persons stating that the informant's daughter aged about 13 years had gone to school with her friend. The accused persons kidnapped the informant's daughter and her friend from outside the school. A search was made for them and they were caught near a petrol pump. Both girls stated that the accused persons had raped them. Meanwhile the accused persons escaped. 4. In the statement of the victim recorded under Section 180 BNSS she stated that the co-accused Shadab had raped her. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. The pathological examination report revealed that no spermatozoa were found present in the vaginal smear slide. 6. In the affidavit filed in support of 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. 7. The State has filed a counter affidavit annexing therewith the copies of relevant materials collected during investigation and a copy of charge sheet dated 04.10.2024. A rejoinder affidavit has also been filed on behalf of the applicant annexing therewith the copy of statement of the victim recorded by trial court who has been examined as PW-1. She has not supported the prosecution case in her examination-in-chief and she has been declared to be hostile. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 25.08.2024 and victim has been declared to be hostile 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Anas 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 :- 2.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench