Neutral Citation No. - 2025:AHC-LKO:15666 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1678 of 2025 Applicant :- Ritesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. And 3 Others Counsel for Applicant :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rakesh Kumar Nayak, the learned counsel for the applicant, Sri Anurag Verma, the learned Additional Government Advocate-I for the State. 2. The informant and the prosecutrix have been produced before this Court by Sri Sachindra Kumar Mishra, Sub Inspector and Ms. Shruti Yadav, Lady Constable, Police Station Bewana, District Ambedkar Nagar. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 177/2024, under Sections 352, 351(3), 69 B.N.S., 5/6 POCSO Act and 3(2)5, 3(1) DA, DHA, 3(2)5A S.C./S.T. Act, Police Station Bewana, District Ambedkar Nagar in compliance of the order dated 21.02.2025. 4.The aforesaid case has been registered on the basis of F.I.R. lodged on 12.12.2024 against the applicant and his parents, alleging that the informant belongs to Scheduled Caste. The applicant has physically exploited her daughter for the past two years under allurement of marrying her. The applicant forcibly entered the informant's house at about 03:00 p.m. on 09.12.2024 and while he was committing the misdeed against her daughter, the informant reached there and caught the applicant whereupon the applicant stated that he would marry the informant's daughter but thereafter his family members declined their marriage. 5. In the statement of the prosecutrix recorded under Section 180 BNSS, she stated that she knows the applicant for the past three yeas and she and the applicant want to marry each other but the applicant's family members are not agreeing for the marriage. The prosecutrix was taken to Combined District Hospital, Ambedkar Nagar on 13.12.2024 but she declined to undergo medico legal examination. The prosecutrix was again taken for medico legal examination on 21.12.2024 and this report also mentions no sign of any sexual violence as no injury has been found on any part of the victim's body. It records that the victim has no history of sexual violence and there was sign of use of force. The prosecutrix told the doctor that no misdeed had been committed against her. As per medical opinion, age of the prosecutrix is about 16-17 years. As per educational record, the date of birth of the victim is 20.06.2007. 6. The prosecutrix appeared before this Court but declined to make any statement. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is aged about 19 years, he has been falsely implicated in the present case and he has no criminal history. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the prosecutrix recorded by the Investigating Officer, by the doctor and by the Magistrate wherein she did not allege commission of rape by the applicant; that the prosecutrix has consistently stated that she loves the applicant and wants to marry him and she did not level any allegation against the applicant before this Court and that the applicant is a young man aged 19 years having no criminal history and is languishing in jail since 15.12.2024, I am of the view that the applicant is entitled to be released on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Ritesh 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 :- 17.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench