Neutral Citation No. - 2025:AHC-LKO:28454 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4166 of 2025 Applicant :- Ram Samujh @ Premshankar 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 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. 523 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and Section 5tha/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Bhadokhar, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.12.2024 stating that the applicant had enticed away the informant's daughter aged about 15 years at about 7.30 p.m. on 21.12.2024. 4. The victim herself appeared before the police and gave a written application stating that she had gone with the applicant and has come back upon coming to know about the F.I.R. lodged by her mother. 5. In her statement recorded under Section 180 BNSS the victim stated that she loves the applicant for the past one year, she wants to marry him and, therefore, she had gone with him. She married him in a temple at Varanasi and has stayed with the applicant in a rented room at Ram Nagar, Varanasi as his wife. Upon coming to know about lodging of the F.I.R. she came back of her won. 6. The victim gave similar statement before the doctor also. Her medico legal examination report revealed no mark of injury or sign of use of force. 7. In the statement of the victim recorded under Section 183 BNSS she stated that she has been talking to the applicant through phone for the past one year, she had gone with him to Varanasi on 22.12.2024, she had tried to get down on the way but the applicant shut her mouth. She stayed with the applicant for about one month, during which period the applicant forcibly made physical relations on two occasions. She stated that she was not beaten up and upon coming to know about lodging of F.I.R. the applicant himself had dropped her at Raebareli station. 8. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 24 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 appearing on behalf of the State has opposed the prayer for bail and he has submitted that the victim is a minor, allegations have been established during investigation and a charge sheet has been submitted on 11.03.2025 and the information of the present application 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 the victim did not level any allegation against the applicant in her initial statement recorded by the Investigating Officer as also during her medico legal examination, although while recording her statement under Section 183 BNSS the victim alleged that the applicant had forcibly made physical relations with her, the allegation of use of force is not supported by the findings of medico legal examination report coupled with the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 25.02.2025 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- Ram Samujh @ Premshankar 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 :- 15.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench