Neutral Citation No. - 2025:AHC-LKO:28448 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4163 of 2025 Applicant :- Pawan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Ashok Kumar,Chandra Prakash,Susheel Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashok Kumar, learned counsel for the applicant, Sri Ashok Srivastava, 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. 115 of 2025, under Sections 65(1) B.N.S. and Section 5L/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Khamariya, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.03.2025 stating that the applicant is neighbor of the informant, he indulged into obscene talks with the informant's daughter and tries to tease her. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 18 years, when she had gone to purchase some goods in a shop the applicant met there, caught hold of her hand, pulled her dupatta and teased her. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. However, the hymen has been reported to be old torn and healed. 6. In the statement of the victim recorded under Section 183 BNSS she stated that when she had gone to get some goods from a shop, the applicant had committed the misdeed against her twice. She further stated that the applicant had taken her photographs without clothes. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 21 years, he 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, the allegations have been established during investigation and a charge sheet has been submitted against the applicant on 18.04.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. merely alleges that the applicant indulges into obscene talks with the informant's daughter and tries to tease her; that the victim stated before the Investigating Officer that the applicant held her hand, pulled her dupatta and teased her, while recording her statement under Section 183 BNSS the victim alleged for the first time that the applicant had raped her, but this allegation 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 22.03.2025 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-Pawan 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