Neutral Citation No. - 2025:AHC-LKO:27142 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11881 of 2024 Applicant :- Ved Prakash Pandey @ Vikas Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Amar Nath Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Amar Nath Dubey, the learned counsel for the applicant as well as Sri Diwaker Singh, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 160/2015 , under Sections 363, 366, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, registered at Police Station Nawabganj, District Pratapgarh. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 02.10.2015 against three named persons, including the applicant and 3-4 unknown persons, stating that all the accused persons took away the informant's daughter in the night of 1/2.10.2015 along with the cot on which she was sleeping and they tried to rape her in the field. Upon hearing the hue and cry raised by her, the informant and some villagers ran there and they caught hold of Vikas Pandey @ Ved Prakash Pandey (the applicant) and the named accused persons on the spot but they ran away while threatening them whereas the another accused person Ajay @ Alha was handed over to the police 4. In the statement of the victim recorded under Section 180 B.N.S.S., she supported the F.I.R allegations. 5. The medico legal examination of the victim mentions no mark of injury or sign of use of force, although hymen was reported to be not intact. As per radiological examination age of the victim was opined to be between 16-18 years and pathological examination report mentions that no spermatozoa was seen in the specimen. Ultrasonography report was normal. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in three other cases has been disclosed in para 22 of the bail application, in one of which he has been granted bail, in one case he has not received any summons and in one case he was not involved. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet dated 02.10.2015 which was filed against two accused persons and the applicant's name was expunged by the investigating officer. However, after the statements of the informant and the victim were recorded by the trial court, the applicant was summoned to face the trial under Section 319 Cr.P.C. Thereafter, the victim was again examined and a copy of her statement has been brought on record along with the supplementary affidavit. Although in her examination-in-chief, she reiterated the F.I.R version. In her cross-examination, she stated that she has not stated before the magistrate that the applicant had raped her. She had mentioned the applicant's name as per the advice of the advocate. 8. Having considered the aforesaid facts and circumstances of the case and without making any observations 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Ved Prakash Pandey @ Vikas Pandey be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 8.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench