Neutral Citation No. - 2025:AHC-LKO:17240 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12926 of 2024 Applicant :- Pawan Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Praveen Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Praveen Shukla, learned counsel for the applicant, Sri Alok Kumar Tiwari, learned A.G.A. 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.328 of 2024, under Sections 323, 354, 376 (3), 504, 506 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali City, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.06.2024 alleging that the applicant had made a phone call to the informant's daughter in the night of 14.06.2024. Thereafter, she went to toilet. The applicant started dragging her with evil intentions. When the informant's daughter objected the applicant abused and beaten her. Upon hearing hue and cry the the family members reached there, whereupon the applicant went away while threatening them. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she stated that the applicant was talking about the money. She had stated that he should come and talk to her father. Thereafter, she slept. When she went to toilet the applicant came there along with two other persons. They took her to fields and the applicant raped her. She did not state that her family members reached there hearing her hue and cry. In the medico legal examination report of the victim abraded contusions have been reported on both her elbows. No other mark of injury or sign of use of force was reported. No spermatozoa was reported in the pathological examination of vaginal smear. 5. In the statement of the victim recorded under Section 164 Cr.P.C. also she alleged that the applicant had made a phone call and had talked about the money which the applicant had lent for treatment of informant's father in hospital. She categorically stated that neither the applicant had assaulted her nor her family members had reached there at the time of incident. 6. In the affidavit filed in support of bail application it has been stated that the applicant 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 copy of materials collected during investigation and copy of charge sheet submitted on 29.07.2024. The information of the present application has been delivered to the informant/victim by the police but no one has put in appearance on behalf of informant/victim to oppose the bail application. The learned A.G.A. has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and therefore a charge sheet has been submitted. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the F.I.R. alleges that family members had reached the place of occurrence, the victim categorically denied it; that although F.I.R. did not allege commission of rape the victim alleged so but this allegation is not supported by findings of medico legal examination report; that the applicant has no previous criminal history and he is languishing in jail since __ and 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 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-Pawan Pal 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 :- 26.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench