Neutral Citation No. - 2025:AHC-LKO:23717 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3494 of 2025 Applicant :- Keshav Shukla @ Praveen Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Bharat Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Bharat Kumar Dixit, 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.16 of 2025, under Sections 64(1), 75, 351(3) B.N.S. and Sections 3/4 & 7/8 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Lalganj, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.01.2025 stating that the applicant had taken away the informant to his home at about 3.00 p.m. about one month ago and had misbehaved with her and threatened her. He had clicked photos and spread the same virally. 4. In the statement of the victim recorded under Section 180 BNSS she stated her date of birth to be 08.07.2008. She stated that when she had gone to fetch some goods from a provisional store at about 3.00 p.m. on 13.12.2024, the applicant took her to the house of his grand father, committed the misdeed against her and prepared video of the incident. Thereafter, he spread the video virally. She stated that she has no evidence concerning the video that has been spread virally. 5. The medico legal examination report of the victim mentions no mark of injury and use of force. The radiological examination of the victim was not conducted to ascertain her age. 6. In the statement of the victim recorded under Section 183 BNSS she stated that while she was going to fetch some goods from provisional store situated at one kilometer away from her home, the applicant threatened her with knife, took her to his grand father's home and made physical relations with her. He videographed the incident and spread the video virally. First of all he had sent the video to her bua. The Investigating Officer recorded statements of persons from the informant's side named by her and all of them state that no video was seen by them and no video was sent on their mobile. As the allegations of preparation of spreading the video virally could not be established a charge sheet against the applicant has been submitted for the offences under Sections 64(1), 75, 351(3) B.N.S. and Sections 3/4 & 7/8 of Protection of Children from Sexual Offences Act only. 7. In the affidavit filed in support of 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. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the information of the 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 02.02.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. has been lodged one month after the alleged incident, that besides the statements of the victim there is no material to support the F.I.R. allegations; the allegation of preparation of spreading some obscene video of the informant could not be established during investigation; that the applicant has no previous criminal history and he is languishing in jail since 18.01.2025 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. 11. Let the applicant-Keshav Shukla @ Praveen Shukla 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