Neutral Citation No. - 2025:AHC-LKO:25204 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11901 of 2024 Applicant :- Nasib Ali @ Hikmat Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Pankaj Kumar Singh,Kailash Nath Mishra,Rahul Mishra Counsel for Opposite Party :- G.A.,Shikha Srivastva,Vivek Kumar Pandey Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kailash Nath Mishra, learned counsel for the applicant, Sri Pravesh Kumar Sinha, learned Additional Government Advocate for the State, Sri Vivek Kumar Pandey, 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.360 of 2024, under Sections 137(2), 64(1), 351(2) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Dehat, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.07.2024 against the applicant and his brother Salman stating that both the accused persons had enticed away the informant's sister aged about 14 years on 24.07.2024 and she had taken some jewelry and Rs.20,000/- with her. 4. In the statement of the victim recorded under Section 180 BNSS she stated that the applicant had raped her about ten days ago, prepared a video of the incident and threatened to post the same on instagram. 5. The victim declined to undergo internal medico legal examination and in the external medical examination no mark of injury or use of force has been found on her body. As per the radiological examination report the age of the victim has been opined to be between 16-17 years. 6. In the statement of the victim recorded under Section 183 BNSS 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 23 years, he 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 the copies of materials collected during investigation and a copy of charge sheet. A Rejoinder affidavit has also been filed on been filed on behalf of the applicant annexing therewith the copy of the statement of the victim recorded by trial court wherein she has stated that she wants to marry the applicant and she has not levelled any allegations against the applicant. The victim has been declared to be hostile. 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 03.08.2024 and the investigation already 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- Nasib Ali @ Hikmat Ali 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 :- 1.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench