Neutral Citation No. - 2025:AHC-LKO:28232 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4125 of 2025 Applicant :- Sarvesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Raghvendra Singh, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-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. 12 of 2025, under Sections 64(1)/137(2), 87 B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kamlapur, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.01.2025 alleging that the applicant had enticed away the informant's daughter born on 01.01.2010 on 15.01.2025. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she knows the applicant for the past one an half years, she had gone to Sidhauli alone, where she met the applicant and stayed with him near a temple. When they were talking near a railway crossing her mother and police caught them. 5. The victim declined to undergo medico legal examination. 6. As per educational record the date of birth of victim is 05.04.2008. 7. In the statement of the victim recorded under Section 183 BNSS she stated that she knows the applicant for the past one year and keeps of talking to him. Taking advantage of it he took her to Sidhauli and forcibly committed the misdeed against her. 8. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 20 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 9. The learned Additional Government Advocate-I 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 04.02.2025. He further submitted that the information of the present bail has been delivered to the informant through police. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the F.I.R. mentions the date of birth of the victim to be 01.01.2010, as per educational record her date of birth is 05.04.2008; that the victim has stated in both her statements that she knows the applicant for a considerable period of time, in her statement recorded under Section 180 BNSS she did not level any allegation against the applicant, although in her statement recorded under Section 183 BNSS she stated that the applicant forcibly made physical relations with her, this allegation is not supported by the findings of medico legal examination report of the victim; that the applicant is a young man having no previous criminal history and he is languishing in jail since 17.01.2025 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Sarvesh 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 :- 14.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench