Neutral Citation No. - 2025:AHC-LKO:28430 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4160 of 2025 Applicant :- Bharat Lal Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajay Kumar, 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.430 of 2024, under Sections 137(2), 87, 65 B.N.S. and Section 5(L)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Dehat, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.07.2024 stating that the informant's daughter aged about 15 years had gone to attend the call of nature at about 1.30 a.m. on 29.07.2024 but she did not come back. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she knows the applicant for the past one year, she had gone with the applicant in the night of 29.07.2024, she stayed with him in a rented room in Urtaula and married him in some temple. 5. The medico legal examination report of the victim revealed no mark of injury or sign of use of force. However, the hymen was reported to be torn and old healed. As per radiological examination report the age of the victim has been opined to be 16.66 years. During her medico legal examination before the doctor the victim stated that she had gone with the applicant out of her own freewill, she has married him in a temple and she has made physical relations with him with her consent. 6. In the statement of the victim recorded under Section 183 BNSS she stated that the applicant's house is adjacent to her house, the applicant had forcibly taken her away and made relations with her. She stated that the applicant had done something to her due to which she was not in her senses and the applicant had married her in a temple. She stated that she was not in her senses for 3-4 days. 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 allegations have been established during investigation and a charge sheet has been submitted on 18.09.2024. The information of this application has been delivered to the informant through police. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that before the Investigating Officer as well as before the doctor the victim did not allege commission of any misdeed by the applicant; that even before the Magistrate the victim stated that the applicant had done something to her but what thing the applicant did to her has not been specified by her; that the applicant has no previous criminal history and he is languishing in jail since 02.08.2024 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-Bharat Lal 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