1 Neutral Citation No. - 2025:AHC-LKO:24930 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12791 of 2024 Applicant :- Kuldeep Chaurasiya @ Kuldeep Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dharmendra Kumar Gupta,Dilip Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dilip Kumar Pandey, the learned counsel for the applicant and Sri Arvind Kumar Pandey, the learned A.G.A.-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.257 of 2024, under Sections 333, 352, 351(3), 65(1) of B.N.S. and Section 5Ja/6 of Protection of Children from Sexual Offences Act and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Jais, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.09.2024 alleging that the applicant has been keeping an evil eye on the informant's daughter aged 16 years for the past one year and when she was alone in her house, the applicant entered the house at about 2.00 p.m. on 12.08.2024 and raped her. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that while she was alone in her home, the applicant raped her by showing a pistol and thereafter he went away. 2 5. The medico legal examination report of the victim does not contain any finding which may support the allegation of commission of rape. As per radiological examination, the age of the victim has been opined to be about 18 years. 6. As per Pariwar Register, date of birth of the victim is 01.08.2004. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 8. In the affidavit filed in support of the application, it has been stated that the applicant is a young man aged 18 years having no criminal history and he has been falsely implicated in the present case. 9. The State has filed the counter affidavit annexing therewith copies of the material collected during investigation and a copy of the charge-sheet submitted on 25.10.2024. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view of the fact that although the victim has alleged commission of rape by the applicant, the allegation is not supported by the findings of the medico legal examination report; the applicant is a young man aged 18 years; that the applicant has no previous criminal history and he is languishing in jail since 28.09.2024 whereas 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 applicant is entitled to be released on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Kuldeep Chaurasiya @ Kuldeep Kumar be released on bail in the aforesaid case on furnishing a personal bond 3 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 :- 30.4.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench