Neutral Citation No. - 2025:AHC-LKO:25210 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12795 of 2024 Applicant :- Swatantra Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Other Counsel for Applicant :- Arvind Kumar Verma,Manoj Kumar Verma Counsel for Opposite Party :- G.A.,Pushpendra Sahay Saxena,Vinai Kumar Bhatt Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Manoj Kumar Verma, learned counsel for the applicant, the learned Additional Government Advocate for the State, Sri Vinai Kumar Bhatt, 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. 325 of 2024, under Sections 342, 376(D), 506 I.P.C., Section 5(g)/6 of Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(5) SC/ST Act, registered at Police Station Kotwali Nagar, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.09.2024 against three persons, including the applicant stating that the co-accused Akash Kumar used to chat with the informant's minor daughter aged about 16 years through social media sites and he took her on the pretext of attending a party at the applicant's house. The applicant and the co-accused Akash raped her inside the applicant's house. 4. In the statement of the victim recorded under Section 180 BNSS, she supported the F.I.R. allegations. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. 5. In the statement of the victim recorded under Section 183 BNSS also she reiterated her earlier version. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 19 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet submitted on 22.10.2024. A rejoinder affidavit has been filed on behalf of the applicant annexing therewith copy of statement of the victim recorded by trial court, wherein although she supported her earlier version during her examination-in-chief, she has not supported the allegations during her cross-examination. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation of commission of rape is not supported by the findings of medico legal examination report; that the victim has resiled from the allegations during her cross-examination before the trial court; that the applicant is a young man having no previous criminal history and he is languishing in jail since 24.09.2024 and the investigation already stands concluded and the statement of the victim having already been recorded by trial court, in case of his release the applicant will not be in a position to influence the witness 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Swatantra Verma 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