Neutral Citation No. - 2025:AHC-LKO:14052 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10944 of 2024 Applicant :- Mohd. Naseer Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Farooq Ayoob,Km. Pooja Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Farooq Ayoob, the learned counsel for the applicant, Sri Ashok 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. 0458 of 2024, under Sections 137, 87, 65 (i) B.N.S., Section 3/4 of Protection of Children from Sexual Offences Act, 2012, and Section 3 (2) (V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Dewa, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.07.2024 stating that the applicant had enticed away the informant's daughter aged about 15 years. 4. In the statement of the victim recorded under Section 180 BNSS she stated that the applicant had taken her to Mumbai with him on the pretext that he would marry her. She stated that she stayed with the applicant in a hotel room where the applicant forcibly made physical relations with her. She was coming back home with the applicant and was caught by the police on the way. In her statement recorded under Section 183 BNSS the victim stated that she had gone with the applicant out of her own freewill and the applicant did not use force against her. 5. The medico legal examination report did not find evidence of any sexual assault. In the affidavit filed in support of bail application it has been stated that the applicant is a 22 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. 6. The State has filed a counter affidavit stating that the information of this bail application has been sent to the informant. As per the educational certificate the date of birth of victim is 01.01.2010 and as per the medico legal examination report she is aged about 15 years. A copy of charge sheet dated 15.08.2024 is annexed with the counter affidavit. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in her statement given before the Magistrate the victim categorically stated that she had gone with the applicant out of her own freewill and the applicant had not used force against her and this statement stands corroborated by the medico legal examination report of the victim; that the applicant is a young man having no previous criminal history and he is languishing in jail since 11.07.2024 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Mohd. Naseer 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 :- 7.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench