Neutral Citation No. - 2025:AHC-LKO:23357 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3447 of 2025 Applicant :- Shubham Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Raghvendra Singh, learned counsel for the applicant, Shri Diwakar Singh, learned A.G.A. 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.471 of 2024 under Sections 137(2), 87, 65(1) B.N.S. and Section 3/4(2) of P.O.C.S.O. Act registered at Police Station- Ramkot, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.12.2024 against the applicant and another person Girish Pal stating that the applicant had enticed away the informant's daughter aged 14 years at about 11:00 AM on 26.12.2024 with the assistance of the other co-accused person. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had herself called the applicant and gone with him to Sitapur. The co-accused Girish Pal is the brother-in-law of the applicant and he had stated that he would get the victim married with the applicant. 5. The medico-legal examination report mentions no mark of injury or sign of use of force and no recent forceful penetration injury was found. In the pathological examination report, no spermatozoa (living or dead) was found in the vaginal swab of the victim. As per the radio-logical examination report, the age of the victim has been opined to be about 15-16 years. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she knows the applicant for the past 4- 5 years. She had gone with the applicant to Sitapur. The applicant promised to marry her and forcibly committed misdeed against her. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years having no criminal history and he has been falsely implicated in the present case. 8. Learned A.G.A. has vehemently opposed the bail application and he has submitted that the information of the present application has been delivered to the informant through police. He has further submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 10.02.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim which show that the parties were in a relationship since before; the medico-legal examination report does not support the allegation of use of force and that the applicant is a young man having no criminal history and he is languishing in jail since 28.01.2025 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- Shubham be released on bail in the aforementioned 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. . [Subhash Vidyarthi, J.] Order Date :- 24.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench