Neutral Citation No. - 2025:AHC-LKO:18156 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2641 of 2025 Applicant :- Muslim Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashish Raman Mishra, 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. 596 of 2024, under Sections 137(2), 65 (2) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Motipur, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.11.2024 against three persons, including the applicant stating that the applicant had enticed away the informant's sister aged about 12 years in the night of 25.11.2024. In the statement of the victim recorded under Section 180 BNSS she stated that she loves the applicant and she had gone away with him. While they were going to Punjab the police caught her and the applicant escaped. 4. In response to specific questions the victim stated that the applicant did not use force against her and that she has not married the applicant. In the medico legal examination report of the victim no mark of injury or sign of use of force has been reported. The rediological examination report reveals the age of victim to be about 14-15 years. In the statement of the victim recorded under Section 183 BNSS she stated that when she was going to get medicines at about 8.00 a.m. on Monday the applicant forcibly took her away on the motorcycle. He took her to Punjab, where the applicant and his father raped her and the applicant's sister in law also assisted them. 5. In the affidavit filed in support of bail application it has been stated that the applicant is a 20 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. 6. The learned A.G.A.-I has opposed the prayer for bail and he has submitted that as the victim is a minor girl, the allegations are serious which have been established during investigation and a charge sheet has been submitted on 17.12.2024 against the applicant only. He informed the court that information of present application was delivered to the informant through police, however, no one has put in appearance on behalf of the informant to oppose the bail application. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. alleges that the victim had gone missing at about 11.00 p.m. on 25.11.2024; that that in the initial statement the victim stated that she had gone with the applicant out of her own freewill and she loves him; in the subsequent statement she alleged that the applicant had taken her away forcibly at 8.00 a.m. on Monday; that the victim alleged commission of rape by the applicant and his father with the assistance of the applicant's sister in law which allegation, besides being highly improbable and unnatural, is not supported by the findings of medico legal examination report; that the allegations against both the co-accused persons could not be established; that the applicant has no previous criminal history and he is languishing in jail since 09.12.2024 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Muslim 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 :- 2.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench