Neutral Citation No. - 2025:AHC-LKO:16386 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2412 of 2025 Applicant :- Shiva Vishwakarma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Praveen Kumar Pandey, learned counsel for the applicant, Sri Anurag Verma, learned A.G.A.-I 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. 464 of 2024, under Sections 137(2), 87, 64(1) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Salon, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.11.2024 stating that the informant's daughter aged about 17 years had gone missing on 04.11.2024 and upon making enquiries he came to know that the applicant had enticed her away. 4. In the statement of the victim recorded under Section 180 BNSS as also her statement recorded under Section 183 BNSS she stated that she is aged about 17 years, she had gone with the applicant and married him, upon coming to know about lodging of F.I.R. she came back. She categorically stated she wants to live with the applicant only. She stated that she will attained the age of 18 years in the month of January and then she will go with the applicant. The victim declined to undergo medico legal examination. 5. In the affidavit filed in support of bail application it has been stated that the applicant is a 19 years old innocent boy, he has been falsely implicated in the present case and he has no criminal history. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the victim has not completed the age of 18 years, she was just a few months short of it at the time of incident; that the applicant is also a young boy aged about 19 years and when young persons are in love it cannot be said that the boy knows with certainty that the girl has not attained the age of majority; that the victim has consistently stated in her statements that she loves the applicant and she will go to live with him when she attains the age of majority in the month of January; that the applicant is a 19 years young boy having no previous criminal history and he is languishing in jail since 12.11.2024 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Shiva Vishwakarma 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 :- 21.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench