Neutral Citation No. - 2025:AHC-LKO:23017 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11908 of 2024 Applicant :- Mohd. Moheed Ali @ Moheed Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And 3 Others Counsel for Applicant :- Hari Om Gupta,Gyan Singh Counsel for Opposite Party :- G.A.,Durgesh Mishra,Saumya Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Gyan Singh, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate- I 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.0116 of 2024, under Sections 354-B, 376, 452 and 506 I.P.C. and Section 3/4 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Aspur Devsara, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.04.2024 against four persons, including the applicant and his brother Aamir, stating that while the informant had gone in furtherance of some invitation on 20.04.2024, his two daughters, aged 17 years and 15 years, were at his home. The applicant entered his house by scaling its boundary-wall and started molesting his daughter aged 17 years by threatening her with a knife. His younger daughter raised a hue & cry whereupon the informant's brother came there and saw that the clothes of his daughter had been torn and she was weeping in naked condition. The informant's brother tried to catch the applicant but he escaped. The informant was telephonically informed about 2 a.m. whereupon informant came back and he went to the house of the applicant at 6 a.m. to complain about the incident, and all the accused persons present there chased him with sticks and they abused and threatened him. 4. In the statement of the victim recorded under Section 161 CrPC, she stated that when she was in her home with her younger sister, the applicant came there at abut 11 p.m. and forcibly raped her. 5. The victim declined to undergo medico-legal examination. 6. As per educational certificate, date of birth of the victim is 15.07.2006. 7. In the statement of the victim recorded under Section 64 CrPC, she stated that the applicant forcibly entered her house by breaking open the door at about 12 in the night and raped her. 8. The State has filed its counter affidavit annexing therewith copies of the material collected during investigation and a copy of the charge-sheet dated 22.07.2024. 9. Learned Additional Government Advocate has opposed the bail application and submitted that the allegations have been established during investigation. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 20.04.2024, whereas the FIR has been lodged on 30.04.2024 and there is no explanation of this delay; in the FIR the informant has stated that the applicant had entered his house by scaling the boundary wall; the victim in her statement recorded under Section 161 CrPC did not state as to how the applicant entered her home and in her statement recorded under Section 164 CrPC she stated that the applicant had entered her home after breaking open the door; the victim has declined to undergo the medico-legal examination; the applicant is a young man aged 19 years having no criminal history and he is languishing in jail since 05.05.2024, whereas the investigation already stands concluded, I am of the view that the applicant is entitled to be released on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Mohd. Moheed Ali @ Moheed 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 :- 23.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench