HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6028 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Pradyumn Shukla, the learned counsel for the applicant, Shri Avishesh Kumar Singh, the learned A.G.A. 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.0207 of 2024, under Sections 137(2), 87, 115(2), 64(2)(m), 127(4), 351(2) of B.N.S. and Section 5(L)/6 of POCSO Act, registered at Police Station Asiwan, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.08.2024 stating that the applicant had enticed away the informant's daughter aged 17 years on 03.08.2024. 4. In the statement of the alleged victim recorded under Section 180 BNSS, she stated that she is aged 17 years, she has studied upto High School, she came into contact with the applicant in July, 2024 through Instagram and thereafter she started talking to him through phone. She had gone with the applicant to Delhi where she stayed with him in a rented room. While she was returning home with the applicant, the police caught them. 5. The medico-legal examination report of the victim did not reveal any mark of injury or sign of use of force. It appears that ossification test was not conducted and as per Class -V result, the age of the victim was 16 Versus Counsel for Applicant(s) : Pradyumn Shukla Counsel for Opposite Party(s) : G.A. Suraj Kashyap @ Suraj Kahar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others .....Opposite Party(s) years and 15 days. 6. In the statement of the victim recorded under Section 183 BNSS, she stated that she had been talking to the applicant for the past four months. The applicant had taken her to Delhi, kept her locked inside a room. She stayed there for 15 days during which period, the applicant made physical relation with her forcibly. 7. In the affidavit filed in support of the application, it has been stated that the applicant is an innocent young man aged 25 years, he has been falsely implicated in the present case. 8. Involvement of the applicant in three criminal cases has been disclosed in para 2 of the supplementary affidavit, in which he has been granted bail. 9. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge sheet dated 25.10.2024. 10. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established in investigation. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the initial statement of the victim wherein she has not leveled any allegation against the applicant; although in a subsequent statement, the victim has alleged use of force, this allegation is not supported by the findings of the medico legal examination report and that the applicant is a young man aged 25 years, is languishing in jail since 30.08.2024, 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 in the aforesaid crime. 12. Accordingly, this bail application stands allowed. 13. Let the applicant -Suraj Kashyap @ Suraj Kahar be released on bail in the aforementioned 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:- BAIL No. 6028 of 2025 2 (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. September 15, 2025 KR BAIL No. 6028 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench