Neutral Citation No. - 2025:AHC-LKO:30023 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4430 of 2025 Applicant :- Jaheer @ Jahir Opposite Party :- State Of U.P.Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Arvind Kumar Tiwari, the learned counsel for the applicant as well as Sri Ravi Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 458 of 2024, under Sections 137(2), 65(1) B.N.S and Section 3/4 of Protection of Children from Sexual Offences Act, registered at Police Station Kotwali Bhinga, District Shrawasti. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 09.11.2024 against three persons including the applicant, stating that the applicant had enticed away the informant's daughter aged about 15 years at about 11 PM on 08.11.2024. 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 6-7 months, she has gone to Ajmer with the applicant, stayed there with him in a hotel and when the applicant's father told him about the F.I.R, both of them came back. In response to a question put by the investigation officer, the victim stated that the applicant has made physical relations with her but he did not use force against her. 5. The medico legal examination report of the victim reveals no mark of injury or sign of use of force. She gave a similar statement to the doctor also. 6. The pathological examination report mentions no spermatozoa is seen in the received vaginal smear slide. As per the radio logial examination report, the age of the victim has been opined to be about 18 years. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she categorically stated that the applicant did not use force against her. 8. 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. 9. The learned A.G.A has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has already been submitted on 26.12.2024. He has stated that the information of the applicant 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 as per medico legal examination report, the victim is minor and she has consistently stated that the applicant has not used any force against her, coupled with the fact that the applicant is a young man aged 19 years having no criminal history and he is languishing in jail since 20.11.2024, whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Jaheer @ Jahir 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 the 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 :- 21.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench