HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2541 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Mrs. Radhika Singh with Ms. Richa Mishra learned counsel for the applicants, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.406 of 2021 under section 376-D IPC and section 5/6 POCSO Act, P.S. Mill Area, District Rae Bareli. 3. In terms of the FIR, it was alleged that the daughter of the informant, aged about 16 years, was seen going with the applicant, and it was informed that she was at the applicant's home and when she reached there, she was found unconscious, and an apprehension was expressed that something wrong has been done to her. Subsequently, in the statement under Section 161, the victim stated that she met the applicant on the way and a wrong was committed on the agricultural fields, thereafter, the applicant had taken her at home. In the statement under Section 164, the victim stated that she was called by the sister-in-law of the applicant and was administered something in tea, because of which she became unconscious; thereafter, all the three persons, including the applicant, committed wrong on her. The medical on record done on 17.10.2021, indicates that the hymen was torn and ruptured. 4. In the light of the said allegations, the counsel for the applicant states that the victim is aged about 18 years and it was a case of consensual relationship. It is further argued that the applicant is in custody since Versus Counsel for Applicant(s) : Ramesh Kumar Srivastava, Radhika Singh, Richa Mishra Counsel for Opposite Party(s) : G.A., Manish Kumar Gupta, Rajendra Prasad Neeraj @ Sahul Pal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. And Others .....Opposite Party(s) 18.10.2021 and has no criminal antecedents. 5. The trial court report on record indicates that the charge was framed against the applicant on 20.02.2024 and prior to the said, the claim of juvenility, pleaded by the applicant, was rejected. Thereafter, three prosecution witnesses have been examined. 6. Considering the inconsistencies in the statements under Sections 161 and 164, coupled with the fact that the victim herself stated that after the commission of the offense, the applicant had taken her home, although the medical on record corroborates the allegation, however, it cannot be ignored that the applicant has suffered pre-trial detention of more than four years, and there is no likelihood of the trial being concluded in the near future. As the applicant has no criminal antecedents, on the grounds of substantial pre- trial detention coupled with the fact that fact witnesses have already been recorded, the applicant who is in custody since 18.10.2021 is entitled to bail. In view thereof, the bail application is allowed. 7. Let the applicant Neeraj @ Sahul Pal be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 12, 2025 VNP/- BAIL No. 2541 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench