Neutral Citation No. - 2025:AHC-LKO:22580 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3366 of 2025 Applicant :- Chandresh Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Sectt. Lko And 3 Others Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Nijam Ahmad, learned counsel for the applicant, Sri Diwakar Singh, 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. 0039 of 2025, under Sections 137(2), 87, 64(1) B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Raje Sultanpur, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by the informant on 03.03.3025 stating that his niece aged about 16 years had gone away from the house at about 06.30 a.m. on 03.03.2025 and she did not come back. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 23 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. A supplementary affidavit has been filed on behalf of the applicant annexing therewith the application given by the victim to the police stating that she herself had gone from her home to the house of the applicant and went with him to Delhi. Upon coming to know about lodging of F.I.R. she has herself come to the police for giving her statement. In the statement of the victim recorded under Section 180 BNSS she stated that she knows the applicant for the past 8 months. She had gone from her house to the house of the applicant and she went with him to Delhi where she stayed in the room of his bhabhi. The applicant made physical relations with her without her willingness. 6. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. The pathological examination report mentions no live or dead spermatozoa seen. 7. In her statement recorded under Section 183 BNSS the victim stated that she is aged about 16 years, she knows the applicant for the past 9 months and she loves him. Her family members did not agree to get her married to the applicant and therefore she had gone away from her home out of her own freewill. Upon coming to know about the F.I.R. she came back and she wants to marry the applicant. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 16.03.2025. He further submitted that the information of this application has been delivered to the informant/victim through police. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim where she has not levelled any allegation against the applicant coupled with the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 12.03.2025 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. 10. Accordingly, this bail application stands allowed. 112. Let the applicant-Chandresh Gupta 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 :- 22.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench