Neutral Citation No. - 2025:AHC-LKO:30070 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4448 of 2025 Applicant :- Shubham Vishwakarma @ Arjun Vishwakarma Opposite Party :- State Of U.P. Thru The Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Santosh Kumar Srivastava,Himanshu Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Santosh Kumar Srivastava, learned counsel for the applicant, Smt. Shikha Sinha, 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. 43 of 2025, under Sections 363, 366, 376, 506 I.P.C., Section 3/4 of Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v), 3(2)(v-a) S.C./S.T. Act, registered at Police Station Akbarpur, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.01.2025 against the applicant and another person on the basis of an application filed under Section 156 (3) Cr.P.C. stating that the applicant had enticed away from the informant's daughter aged about 15 years in the night of 30.04.2024. He was intending to sell her. She somehow informed her elder sister about it and thereafter she was rescued. 4. In the statement of the victim recorded under Section 180 BNSS she stated that she is aged about 17 years, the applicant had taken her in the night of 26.04.2024, he kept her in a room in the eatery in which he works and he committed the misdeed against her. He wanted to take her to Mumbai but he made a phone call to her sister and she took her back home. 5. The medico legal examination report of the victim was conducted on 22.01.2025 and no mark of injury or sign of use of force was found during her medico legal examination. The table mentioned in the format of medico legal examination report for filling up the details regarding sexual violence, all the entries have been ticked as D&K (don't know), from which it appears that the victim did not state anything about any sexual violence committed against her. 6. The pathological examination report is negative for presence of spermatozoa and as per the radiological examination report the age of the victim has been opined to be between 17-18 years. 7. In the statement of the victim recorded under Section 183 BNSS although she stated that the applicant had committed the misdeed against her, upon being asked to explain the meaning of misdeed she did not give any reply. 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 but and she has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 08.03.2025. She stated that the information of the present bail 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 give any information of commission of any misdeed committed by the applicant to the doctor during her medico legal examination and the victim did not specify as to what misdeed was committed by the applicant when she was asked to explain it; that the applicant is a young man having no previous criminal history and he is languishing in jail since 03.02.2025 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-Shubham Vishwakarma @ Arjun Vishwakarma 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 :- 21.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench