Neutral Citation No. - 2025:AHC-LKO:29074 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 96 of 2025 Applicant :- Deepu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Shraddha Tripathi,Suchita Tripathi Counsel for Opposite Party :- G.A.,Farooq Ayoob Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Suchita Tripathi, the learned counsel for the applicant, Shri Ashok Srivastava, the 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.557 of 2024 under Sections 137(2), 87 of B.N.S., additional section 376(3) I.P.C. & 5J(II)/6 of P.O.C.S.O. Act registered at Police Station- Dewa, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.08.2024 stating that the applicant had enticed away the informant's daughter aged 15 years in the night of 21.08.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, when she had gone out of her home in the night of 21.08.2024, the applicant enticed her away under the promise of marrying her. The applicant did not have money and, therefore, they spent the night in a Jungle. They somehow reached a Bridge on a Canal in the morning. The applicant went away to arrange the money and the police took her. 5. In response to the questions put by the Investigating Officer, she stated that she knows the applicant for the past 5-6 months and they were friends. The applicant had made physical relations with her about 4-5 months ago but not in the previous night. 6. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. As per the radio- logical examination report, the age of the victim has been opined to be 18 years. In the pathological examination report of the victim, no spermatozoa (dead or alive) was seen in the vaginal smear slide. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she has been talking to the applicant for the past 5-6 months and has made physical relations with her consent but now she wants to live with her family. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. 9. Notice was issued to the opposite party no.2 by means of an order dated 09.01.2025 and time was granted to the State as well as the informant to file a counter affidavit. The informant has put in appearance by filing a vakalatnama on 06.02.2025 but no counter affidavit has been filed by the State or by the informant. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim referred to above coupled with the fact that the applicant is a young man aged 19 years having no criminal history and he is languishing in jail since 24.08.2024, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant 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, unless his/her appearance exempted by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 16.5.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench