Neutral Citation No. - 2025:AHC-LKO:26358 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11719 of 2024 Applicant :- Mohd. Eklakh Ahmad @ Akhlakh @ Ekhlak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Amit Kumar Awasthi,Ashish Mishra Counsel for Opposite Party :- G.A.,Anurag Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Amit Kumar Awasthi, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A. for the State, Shri Amit Bhatt, Advocate holding brief of Shri Anurag Singh, 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.347 of 2024 under Sections 74, 64, 333 of B.N.S. & Section 7/8 & 5m/6 of P.O.C.S.O. Act registered at Police Station- Tambaur, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.08.2024 alleging that the applicant and his unnamed companion had caught hold of the bicycle of the informant's daughter aged 12 years. When the informant's daughter cried, the accused persons ran away. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the FIR version. 5. The medico-legal examination report mentions complaint of headache and dizziness and no mark of injury was seen in any part of the body. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she alleged that the applicant had entered her house through roof top and he had raped her while threatening her with a pistol. On 10.08.2024, when the victim was going to her school, the applicant accompanied with an unknown person tried to drag her in a sugar cane field but when she cried, the applicant ran away. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 28.09.2024. 9. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of statements of the victim and her mother recorded by the trial Court. Although the informant has supported the F.I.R. version in her examination- in-chief, in her cross-examination, she resiled from the allegations. 10. The victim has been examined as PW-2 and she has not supported the prosecution case, even in her examination-in- chief. 11. Learned A.G.A. as well as the learned counsel for the informant have opposed the bail application. Learned A.G.A. has submitted that information of the present application has been delivered to the informant through police. 12. Having considered the aforesaid facts and circumstances 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- Mohd. Eklakh Ahmad @ Akhlakh @ Ekhlak 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 :- 6.5.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench