Neutral Citation No. - 2025:AHC-LKO:20416 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11808 of 2024 Applicant :- Imran Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Ravi Shankar Mishra,Anamika Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Anamika Singh, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.310 of 2024 under Sections 65(1), 333, 351(3) B.N.S. & Section 3-ka/4(2) of P.O.C.S.O. Act registered at Police Station- Baghray, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.09.2024 at about 02:24 hours stating that while the informant had gone to attend the call of nature between 07:00 and 07:30 PM on 12.09.2024 and her minor daughter was alone in the house, she found upon returning home that the applicant was raping her. When she cried, some neighbors came there, caught hold of the applicant and they took him to the police station. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she knows the applicant for the past ten months and she used to talk to him. While she was alone in her house, the applicant entered there and raped her. 5. During medico-legal examination, the victim told the Doctor that she was in a relationship with the applicant for the past one year. No mark of injury or sign of use of force has been reported in the medico-legal examination report. The pathological examination report mentions absence of spermatozoa. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that one Phoola Devi, who is resident of her village, had forcibly taken her to her home at about 05:00 PM on 12.09.2024 where the applicant was present since before and he forcibly made physical relations with her. She alleged that the applicant had taken her photo and video. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 24 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 the material collected during investigation as well a copy of charge- sheet submitted on 01.10.2024. 9. A rejoinder affidavit has been filed on behalf of the applicant annexing therewith copy of the statement of the victim recorded by the trial Court. During her cross-examination, she stated that she was in a relationship with the applicant but her relatives and several other persons did not like it because of difference of their religions. On the date of incident when the applicant had come to her village, he had been caught by some persons and he had been beaten up. She further stated that persons of Hindu community were pressurizing her and her mother. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the extract of statement of the victim reproduced herein below, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Imran 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 :- 10.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench