Neutral Citation No. - 2025:AHC-LKO:24868 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13057 of 2024 Applicant :- Atul Rajbhar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Atul Kumar Yadav,Anoop Vajpayee Counsel for Opposite Party :- G.A.,Ashutosh Kumar Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Atul Kumar Yadav, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate 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. 247 of 2024, under Sections 70(2) B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Malipur, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.09.2024 against the applicant and Mohit @ Kallu stating that the accused persons took the informant's younger sister aged about 14 years to Sattibagh and raped her. 4. In the statement of the victim recorded under Section 180 BNSS she supported the F.I.R. version. 5. In the medico legal examination report of the victim there is no sign of vaginal penetration because the hymen is intact and there is no sign of use of force. 6. In the statement of the victim recorded under Section 183 BNSS she alleged commission of rape by co-accused person. 7. 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. 8. The State has filed a counter affidavit annexing therewith the copies of material collected during investigation and a copy of charge sheet dated 14.10.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the findings of medico legal examination report do not support the allegation of commission of rape and that in the statement of the victim recorded under Section 183 BNSS she has not alleged commission of rape by the applicant coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 22.09.2024 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Atul Rajbhar 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 :- 30.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench