Neutral Citation No. - 2025:AHC-LKO:22005 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3238 of 2025 Applicant :- Vidya Sagar Bhartiya @ Sagar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Manoj Kumari Tiwari, Advocate, holding brief of Shri Sumit Kumar Srivastava, learned counsel for the applicant, Sri Anurag Varma, learned Additional Government Advocate-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.0222 of 2024, under Sections 137(2) and 70(2) B.N.S. and Section 5(G)/6 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Hathigawan, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.10.2024, stating that the applicant had enticed away the informant's daughter when she had gone to attend the call of nature outside the village at about 6 p.m. on 16.10.2024 with the assistance of two co-accused persons. 4. The informant herself produced the victim before the investigating officer on 25.10.2024. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that her mother had scolded her and, therefore, she had gone away from her home at 5 p.m. on 16.10.2024 to her friend's home. Upon coming to know that her family members were looking for her, she came back on her own. She categorically stated that no misdeed was committed against her. The victim declined to undergo medico-legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that her grand-mother had taken her under pretext of taking her to some fair. The applicant, who is brother of her grand-mother, met on the way and thereafter her grand- mother sent her with the applicant. The applicant took her to the house of Ravi at Sorao where both of them committed misdeed against her. However, when a specific question was put to the victim as to what she mean by misdeed, she did not give any answer. 7 Statement of the victim has already been recorded by the trial Court, a copy whereof has been annexed with the bail application. In the examination in chief, she reiterated her version given under Section 183 B.N.S.S., however, in her cross-examination she stated that her counsel had tutored regarding the statement to be given before the Court and she further reiterated her earlier version given under Section 180 B.N.S.S. wherein she had stated that no misdeed had been committed against her. She also stated that she loves Ravi and she had gone to him out of her free-will. She did not level any allegation against the applicant. 8. In the affidavit filed in support of the 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. 9. The learned Additional Government Advocate-I has opposed the bail application and submitted that the information of the bail application has been delivered to the informant through police. He has further submitted that the victim has already been examined by the trial court, and she has supported the prosecution case in her examination in chief. 10. Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Vidya Sagar Bhartiya @ Sagar 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 :- 18.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench