Neutral Citation No. - 2025:AHC-LKO:17244 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1752 of 2025 Applicant :- Anand @ Nand Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Sectt. Lko And 3 Others Counsel for Applicant :- Avnish Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Avnish Kumar Tiwari, the learned counsel for the applicant, Sri Alok Kumar Tiwari, 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.137 of 2024, under Sections 363, 366, 376 I.P.C., Section 3/4 of Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) (Va) SC/ST Act, registered at Police Station Manjhila, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.04.2024 stating that the informant's daughter aged about 14 years had gone away from her home on 19.04.2024. In the statement of the victim recorded under Section 161 Cr.P.C. she stated that she had gone to the house of her maternal uncle during navratri. The accused persons Pawan, Dharmpal and Anand (the applicant) came there and they took her to Haridwar. The applicant committed the misdeed against her. During the medico legal examination report of the victim no mark of injury or sign of use of force was found. In the statement of the victim recorded under Section 164 Cr.P.C. she stated that she knows the applicant for the past two years. Both of them love each other, although the applicant is married. She stated that the had gone with the applicant out of her own freewill. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The State has filed a counter affidavit annexing therewith copy of materials collected during investigation, including the relevant extracts of case diary, wherein it is recorded that during pathological examination no spermatozoa was seen in vaginal smear slide. Copy of charge sheet dated 17.09.2024 has also been annexed with the counter affidavit. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim recorded before the Magistrate and that the applicant has no previous criminal history and he is languishing in jail since 30.08.2024 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Anand @ Nand 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 :- 26.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench