Neutral Citation No. - 2025:AHC-LKO:22351 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3304 of 2025 Applicant :- Sudheer Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Uttam Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Uttam Kumar Awasthi, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate 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.0507 of 2024, under Sections 137(2), 87 and 65(1) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Mallawan, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.11.2024 stating that the informant's granddaughter had gone to school but she did not come back. Upon inquiry, he came to know that the applicant had enticed her away under allurement of marrying her. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that her grandmother used to abuse her and scold her for household chores and being aggrieved from it, she had herself gone away by bus to Hardoi and thereafter by train to Prayagraj. After her entire money got spent, she came back on her own. 5. Initially the victim's mother declined consent for the victim's medico-legal examination but subsequently her medico-legal examination was conducted in which no mark of injury or sign of use of force was found. 6. The radiological examination opined the age of the victim to be 16 years. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she loves the applicant and she had gone to Ludhiana with him where she stayed with him for one month. The applicant had made physical relations with her on two occasions and thereafter he dropped her back home. 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 has opposed the bail application and submitted that allegations have been established during investigation and a charge-sheet has been filed on 24.01.2025. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that initially the victim had not levelled any allegation against the applicant and she had declined to undergo medico-legal examination; although subsequently the victim stated that she had made physical relations with the applicant but she also stated that she loves the applicant and she had gone with him and stayed with him for a period of one month; the applicant has no criminal history, he is languishing in jail since 09.01.2025, whereas the investigation already stands concluded, I am of the view that the applicant is entitle to be released on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Sudheer 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 :- 21.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench