Neutral Citation No. - 2025:AHC-LKO:23711 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3492 of 2025 Applicant :- Shivam Patel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Deepak Kumar,Alok Chakrawarti,Sagun Chandra Rastogi Counsel for Opposite Party :- G.A.,Anumesh Mishra Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Deepak Kumar, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-I for the State and Sri Anumesh Mishra, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.164 of 2024, under Sections 137(2), 87, 64, 127(2), 115(2), 352 and 351(2) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Dileeppur, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.10.2024 against the applicant and his father Dharmendra Patel stating that the applicant had enticed away the informant's daughter aged about 17 years on 30.09.2024 under the allurement of marrying her. It is further stated in the F.I.R. that the applicant is blackmailing the informant's daughter for the past two years and he had enticed her away on 02.024.2024 also, when she was recovered in presence of police from the applicant's home. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she has been talking to the applicant for the past two years. The applicant had taken her to Mumbai, where she stayed with him for one month. She alleged that the applicant forcibly made physical relations with her and thereafter he dropped her back to Pratapgarh. 5. The medico legal examination report of the victim mentions no mark of injury or use of force. As per radiological examination report the age of the victim is about 17 years. The pathological examination report mentions absence of spermatozoa in vaginal smear slides of the victim. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 21 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that the applicant's mother Usha Devi has already been enlarged on bail by this court by means of an order dated 20.12.2024, passed in Criminal Misc. Bail Application No.13335 of 2024. 7. The learned Additional Government Advocate appearing on behalf of the State and the learned counsel for the informant have opposed the prayer for bail and they have submitted that the allegations have been established and a charge sheet has been submitted on 15.02.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim stated that she was in a relationship with the applicant and she has stayed with him in a room at Mumbai for one month; that the applicant is a young man aged 21 years having no previous criminal history and he is languishing in jail since 20.01.2025 and the investigation already stands concluded and the mother of the applicant has already been enlarged on bail 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Shivam Patel 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 :- 25.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench