Neutral Citation No. - 2025:AHC-LKO:21488 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3185 of 2025 Applicant :- Rahul Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rajeev Kumar Mishra Rudra, learned counsel for the applicant, Sri Ayush Sharma, learned counsel 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. 036 of 2025, under Sections 137(2), 87, 65(1) and 64(2)M B.N.S. and Section 5L/6 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Colonelganj, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.02.2025, stating that the applicant had enticed away the informant's daughter aged 14 years in the evening of 22.01.2025. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 5. Learned counsel for the State has opposed the bail application. He has produced the relevant extract of case diary for perusal of the Court, which discloses that in the statement of the victim recorded under Section 180 B.N.S.S., she stated that she has been talking to the applicant for the past three years and she loves him. Although her family members had initially agreed to get her married to the applicant but they resiled from their earlier decision later on. Therefore, she had gone away from her home on 22.01.2025, she telephonically called the applicant to Karnailganj and thereafter both of them went to Sherapan. After 3 days, they married each other in a temple and they are living as husband and wife. She categorically stated that she had gone away with the applicant out of her own free- will. 6. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force on any part of her body. 7. The pathological examination report mentions that no live or dead spermatozoa are seen. 8. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that some other person had forcibly made her elope with the applicant. The applicant took her to Bahraich and thereafter he forcibly married her at his home. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the initial statement of the victim, she did not level any allegation of commission of any misdeed by any person; the medico-legal examination report does not support the allegation of commission of any misdeed; in the subsequent statement, the victim has implicated some other person also against whom she did not make any averment in her earlier statement and that the applicant is a young man aged 22 years having no criminal history and he is languishing in jail since 04.02.2024, whereas the investigation already stands concluded, 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- Rahul 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 :- 16.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench