Neutral Citation No. - 2025:AHC-LKO:19244 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 223 of 2025 Applicant :- Bipin Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Roshan Kumar,Ajeet Kumar Singh,Sudhir Kumar Misra Counsel for Opposite Party :- G.A.,Prashant Srivastava Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate for the State, and perused the records. Rejoinder affidavit filed today is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0325 of 2024, under Sections 137(2), 87, 64(2)m and 65(1) B.N.S. and Section 5/6 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kachhauna, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.09.2024 stating that the applicant had enticed away the informant's daughter aged 16 years in the afternoon of 03.09.2024. 4. In the statement of the victim recorded under section 180 B.N.S.S., she stated that she is in a friendly relationship with the applicant; there is an old animosity between her father and maternal uncle of the applicant due to which her father is against her friendship with the applicant; her parents beat her and they had deprived her of food and due to this reason she had gone away from her home out of her own free-will. She categorically stated that no misdeed was committed against her. In the medico-legal examination report of the victim, no mark of injury or sign of use of force was discovered. The radiological report mentions age of the victim to be about 17 years. The pathological examination report mentions no spermatozoa. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that the applicant and his uncle-Ram Naresh had made her eat something and thereafter she lost her consciousness. She remained out of her home for two days and the applicant committed misdeed against her wish. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 21 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. As per educational testimonial, date of birth of the victim is 24.11.2008. 7. The State has filed its counter affidavit annexing therewith copies of the material collected during the investigation and copy of charge- sheet submitted on 29.09.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant's daughter went away from her home in the afternoon of 03.09.2024 and the FIR has been lodged at 18.13 hours on 04.09.2024; in the initial statement, she stated that she is in a friendly relationship with the applicant and did not level any allegation against him; although the victim has alleged commission of rape in her statement recorded under Section 183 B.N.S.S., the same is not supported by any finding recorded during medico-legal examination; the applicant is a young man aged 21 years having no previous criminal history; he is languishing in jail 13.09.2024, whereas the investigation already stands completed, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 9. Accordingly, the instant bail application stands allowed. 10. Let the applicant- Bipin Kumar 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 :- 5.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench