Neutral Citation No. - 2025:AHC-LKO:27147 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13269 of 2024 Applicant :- Shani Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Surya Prakash Singh,Shubhranshu Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Surya Prakash Singh, learned counsel for the applicant, Sri Anurag Verma, learned Additional Government Advocate-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.359 of 2024, under Sections 137(2)/87/64, 127(2) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Mahmudabad, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.08.2024 stating that the informant's daughter aged about 17 years had gone away at about 2.00 p.m. on 28.08.2024 and she did not come back. Upon making enquiries it transpired that the applicant had enticed her away. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 17 years, she had gone with the applicant to Lucknow and has married him. She was living with him as his wife and upon coming to know about lodging of F.I.R. she came back with her husband. 5. Before the doctor, who conducted her medico legal examination the victim stated that the applicant came there along with six other persons and they made her sit on a scooty and took her to Lucknow, where the applicant had committed the misdeed against her. However, in the medico legal examination report no mark of injury or sign of use of force has been reported. 6. In the statement of the victim recorded under Section 183 BNSS she stated that she was made unconscious by making her inhale a cloth. However, she did not state as to who did it. She further stated that when she regained her consciousness at about 11.00 p.m. she was in a room which was locked from outside. She was kept in that room for one month and the applicant repetitively raped her. She somehow escaped. 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 copies of relevant material collected during investigation and a copy of charge sheet dated 23.11.2024. The learned counsel for the State has also submitted that the information of the application has been delivered to the informant through police. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the discrepancies in the statements of the victim recorded at three stages and the fact that the medico legal examination report does not support use of force against the victim coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 26.09.2024 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-Shani 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 :- 8.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench