Neutral Citation No. - 2025:AHC-LKO:15769 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10967 of 2024 Applicant :- Shamim @ Saddam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And 3 Others Counsel for Applicant :- Prem Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Awadhesh Kumar, Advocate holding brief of Sri Prem Prakash Singh, the learned counsel for the applicant, Sri Anurag Verma, 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. 227 of 2024, under Sections 137 (2), 87, 64 BNS and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Bhiti, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.08.2024 alleging that the applicant had enticed away the informant's sister aged about 17 years. 4. 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. In the statement of the victim recorded under Section 180 BNSS she stated that she likes the applicant and she has made physical relations willingly without any force. However, in her statement recorded under Section 183 BNSS she stated that the applicant had forcibly made physical relations with her. The victim has declined to undergo medico legal examination. 5. The State has filed a counter affidavit opposing the bail application and copies of material collected during investigation and copy of charge sheet dated 16.08.2024 have been annexed with the counter affidavit. 6. The applicant has filed a supplementary affidavit annexing therewith copy of the statement of the victim recorded by learned trial court. 7. Although, the victim has supported the prosecution case in her examination-in-chief, during her cross-examination she stated that no such incident took place as has been alleged in the F.I.R. She has been declared to be hostile and even in her cross- examination conducted by the Public Prosecutor she did not level any allegation against the applicant. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that that the applicant is a 22 years old young man, having no previous criminal history and he is languishing in jail since 10.08.2024 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Shamim @ Saddam 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 :- 18.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench