Neutral Citation No. - 2025:AHC-LKO:26672 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3944 of 2025 Applicant :- Mukesh Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Santosh Kumar Srivastava, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I 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.64 of 2025 under Sections 137(2), 87, 65(1) of B.N.S. & Section 3/4 of P.O.C.S.O. Act registered at Police Station- Baskhari, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.03.2025 against three persons, including the applicant, stating that the applicant had enticed away the informant's daughter aged 16 years at about 11:00 PM on 14.03.2025 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she used to talk to the applicant for the past two months. The applicant was visiting the house of his father's sister which was situated in-front of the informant's house. He had called the victim there and when she went, he forcibly made physical relations with her. The victim's mother saw it from her terrace and being afraid, the informant went in a wheat field near the brick kiln. Her brother reached there looking for her and brought her back. 5. The victim declined to undergo medico-legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. 8. Learned A.G.A.-I has opposed the bail application and she has submitted that the victim is a minor, information of the present application has been delivered to her through police. He has further submitted that the investigation of the case is still going on. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim wherein she has stated that upon being called by the applicant, she herself had gone to the house of the applicant's relative situated in-front of her house; although she alleged that the applicant had forcibly made physical relations with her, she also stated that when her mother saw it, she went away so as to hide herself in a field; the allegation of use of force could not be established as the victim declined to undergo medico-legal examination and that the applicant is a young man aged 19 years having no criminal history and he is languishing in jail since 16.03.2025, 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. Let the applicant- Mukesh Nishad 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 :- 7.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench