Neutral Citation No. - 2025:AHC-LKO:19182 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12754 of 2024 Applicant :- Shambhunath Saroj Opposite Party :- State Of U.P. Thru. Secy. Home Lko And 3 Others Counsel for Applicant :- Aishwarya Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Smt. Aishwarya Mishra, the learned counsel for the applicant, Sri Anant Pratap Singh, the learned counsel 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. 0167 of 2023, under Sections 342, 504, 506, 376AB IPC and 5/6 POCSO Act, Police Station Antu, District Pratapgarh. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.05.2023 stating that while the informant's granddaughter aged 7 years was alone at her home, the applicant forcibly took her to his house at about 11:00 a.m. He tried to rape her and upon hearing the cries raised by the informant's granddaughter, one Malti Devi residing in neighborhood came there and tried to save her. Several other villagers also reached there and saved the informant's granddaughter. Information of the incident was given to police upon which the police took the applicant to the police station, kept him in custody for some time and thereafter set him free stating that he is an insane person. Thereafter, the applicant and his family members got emboldened and started threatening the informant and her family whereupon an FIR was lodged. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that while she was standing near a vehicle engaged in election campaign the applicant took her to her own old home and started molesting her. When she cried, her aunt and several villagers reached there whereupon the applicant ran away. The medico legal examination of the victim was conducted on 13.05.2023 and in the statement given to the doctor, the victim stated that the applicant was putting his finger in her vagina. Although the medico legal examination report mentions vaginal tenderness/pain on touching, it does not make any mention of the condition of hymen. It mentions complaint of pain and itching in urination. No external injury was seen at the time of medical examination. 5. In the statement of the victim recorded under Section 164 Cr.P.C., she stated that the applicant took her to her old house and put his penis in her vagina, when she cried, her aunt came and saved her. 6. A copy of the statement of the informant and the informant's aunt Malti Devi recorded as PW2 have been annexed with the bail application. PW1 stated that she did not witness the incident and when she reached the spot, the applicant was not there. PW-2 stated that upon hearing the cries of the victim she had reached the place of the incident and she had witnessed the applicant committing the offence of rape. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 65 years old person having no criminal history and he is languishing in jail since 06.06.2023. 8. The learned counsel for the applicant has submitted that there are major discrepancies in the statements recorded at different stages which raises serious suspicion against the prosecution story. She has submitted that the FIR states the place of incident to be the applicant house, before the doctor, the victim stated that while she was standing near a election campaign vehicle, the applicant had taken her to an unknown place, in the statement under Section 161 and 164 Cr.P.C., the victim stated that the incident occurred in her own old house; before the doctor the victim stated that the applicant had put her finger in her vagina whereas in her statement under Section 164 Cr.P.C., she stated that he had put his penis in her vagina; the medico legal examination report does not make a mention of condition of hymen of the victim and that the applicant is an old man aged 65 years having no criminal history, he is languishing in jail since 06.06.2023 and statements of the informant and alleged eye witnesse have also been recorded, 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-Shambhunath Saroj 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 :- 5.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench