Neutral Citation No. - 2025:AHC-LKO:26874 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1176 of 2025 Applicant :- Subhash Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dhananjai Kumar Tripathi,Kajol,Nitin Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Dhananjai Kumar Tripathi, learned counsel for the applicant, Shri Ravi Srivastava, 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.581 of 2024 under Sections 137(2), 127(4), 75(2), 64(1) of B.N.S., Section 3/4 of P.O.C.S.O. Act registered at Police Station- Motipur, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.11.2024 against the applicant, his mother, brother and Bhabhi, stating that the informant's daughter aged 16 years had gone away at about 06:00 PM on 10.11.2024 but she did not came back. Upon making enquiries, the informant came to know that the applicant had enticed away his daughter. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone to Nepal with the applicant where she stayed in a rented accommodation. She came back on her own after some time. In response to a specific question put before her, she stated that no force of any kind was used against her. 5. The victim declined to undergo external as well as internal medico-legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she alleged that the applicant and another person had forcibly taken her away but she did not know the place where she was kept. She was forcibly kept in a room for ten days. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 27 years having no criminal history, he has been falsely implicated in the present case and he is languishing in jail since 13.12.2024 8. Some independent witnesses have stated that they had seen the applicant and the victim going away on foot while taking to each other. 9. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 01.02.2025. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the initial statement of the victim wherein she stated that she had gone away with the applicant out of her own free will; although subsequently she alleged that the applicant had forcibly taken her away and had raped her, this statement is not corroborated by the statement of some independent persons who have stated that they had seen the victim going away while talking to the applicant on foot and that the victim declined to undergo medico-legal examination coupled with the fact that the applicant is a young man aged 27 years having no criminal history and he is languishing in jail since 13.12.2024 whereas the investigation already stands concluded, 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- Naushad Mohmmad 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. . [Subhash Vidyarthi, J.] Order Date :- 7.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench