Neutral Citation No. - 2025:AHC-LKO:16989 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2516 of 2025 Applicant :- Danish Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Santosh Kumar Srivastava, learned counsel for the applicant, Shri Anshuman Verma, 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.19 of 2025, under Sections 65(1), 352, 351(3) of B.N.S. and Section 5/6 of P.O.C.S.O. Act and Sections 3(2)(v), 3(2)(v-a) of S.C./S.T. Act registered at Police Station- Kotwali Akbarpur, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.01.2025 alleging that the applicant repetitively made physical relations with the informant's niece aged 15 years while she was going to school on 07.01.2025. She told about the incident after coming back from the school. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant made physical relations while she was returning from the school at 02:00 PM on 07.01.2025. She further stated that the applicant repetitively made physical relations with her. The medico-legal examination report does not make a mention of any mark of injury or sign of use of force. However, the victim told the Doctor that she knows the applicant for the past two years, she used to talk to him on phone and the applicant had made physical relations with her on several occasions during the past two months. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that the applicant had taken her to Ambedkar Park on 07.01.2025 and had made physical relations against her wishes and he had also made physical relations about a month ago behind her house but she had not told about the incident to her family members. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. 7. The radio-logical examination report has been brought on record alognwith a supplementary affidavit wherein age of the victim has been opined to be between 16 -17 years. 8. Learned A.G.A. has vehemently opposed the bail application and he has submitted that the the allegations are serious in nature and investigation is still pending. He has further stated on the basis of written instructions provided to him that information of the present application has been delivered to the informant/victim. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that from the statement of the victim recorded during medico-legal examination, it appears that she was in a relationship with the applicant for a considerable period of time; that no sign of use of force has been found in the medico-legal examination and that the applicant is a young man aged 19 years having no criminal history and he is languishing in jail since 11.01.2025, 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- Danish 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 :- 25.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench