Neutral Citation No. - 2025:AHC-LKO:24531 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1676 of 2025 Applicant :- Gopal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Prashant Tiwari Counsel for Opposite Party :- G.A.,Surya Kumar Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Prashant Tiwari, learned counsel for the applicant, Sri Satyendra Srivastava, learned Additional Government Advocate 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. 536 of 2024, under Sections 137(2), 87, 64(2)(m) B.N.S., Section 51/6 of Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of SC/ST Act, registered at Police Station Kotwali Dehat, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.11.2024 against three persons including the applicant stating that the applicant had enticed away the informant's daughter aged about 15 years on 30.10.2024. 4. In the statement of the victim recorded under Sections 180 BNSS as well in her statement recorded under Section 183 BNSS she stated that she used to talk to the applicant for the past two years. On 30.10.2024 the applicant had come to meet her. Her family members and the villagers saw her with the applicant, whereupon the applicant was beaten and she was also scolded and therefore she went with the applicant. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. The age of the victim has been opined to be above 18 years as per the findings of the medico legal examination. The pathological examination report does not support the allegations of making physical relations. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 25 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of statement of the victim recorded by the trial court. Although, she supported the prosecution case in her examination-in-chief, but during cross- examination she stated that the applicant had not used any force against her and he has not raped her. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and copy of the charge sheet dated 27.12.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid statements given by the victim during her cross-examination coupled with the fact that the victim already having been examined by the trial court, in case of his release the applicant will not be in a position to influence the witness; that the applicant is a young man having previous criminal history and he is languishing in jail since 02.11.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Gopal 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 :- 29.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench