Neutral Citation No. - 2025:AHC-LKO:17467 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11730 of 2024 Applicant :- Saif Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Other Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Santosh Kumar Srivastava, learned counsel for the applicant as well as Sri Ravi Srivastava, learned A.G.A. for the State and perused the records. 2. This bail application is filed seeking release of the applicant on bail in Case Crime No. 591 of 2024, under Sections 64, 61(2) B.N.S. and Section 16/17 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station- Kotwali Akbarpur, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.09.2024 against one Mohd. Shahvan stating that the named accused had threatened the informant's daughter aged about 15 years while she was going to her school and he forcibly made her sit on his motorcycle, took her to a hotel and raped her. 4. In the statement of the victim recorded u/s 180 B.N.S.S., she stated that she had talked to the applicant through phone on several occasions, the applicant had asked her to come to meet her and had stated that his friend named accused Mohd. Shahvan would bring her to him. Mohd. Shahvan took her to the place, but the applicant did not come there. When the victim made a phone call, the applicant said that he was unwell and he would not come, thereafter, the named accused took her to a room in a hotel and raped her. 5. The medico legal examination report of the victim shows no mark of injury or sign of use of force. The age of the victim has been opined to be between 16 to 17 years as per her radiological examination report. 6. In the statement of the victim recorded u/s 183 B.N.S.S., she reiterated her earlier version. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 21 years, he has been falsely implicated in the present case. The applicant's involvement in another case bearing Case Crime No. 120 of 2022 under Sections 323, 504, 506, 427 I.P.C. and Section 3(1) (da)(dha) of SC/ST Act, Police Station- Bewana, District- Ambedkar Nagar has been disclosed in which no summon or notice has been served on the applicant. 8. The State has filed a counter affidavit annexing therewith copies of the material collected during investigation as well as a copy of the charge-sheet dated 20.10.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R; in the statement of the victim, she has merely stated that the applicant had called her to meet on a place, but the applicant did not come there; that the victim has not leveled allegation of commission of any misdeed by the applicant; that the applicant is a young man aged 20 years and he is languishing in jail since 27.09.2024 whereas investigation 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Saif Khan 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. (Subhash Vidyarthi, J.) Order Date :- 26.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench