Neutral Citation No. - 2025:AHC-LKO:25895 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10964 of 2024 Applicant :- Anuj Kashyap Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 4 Others Counsel for Applicant :- Gauri Suwan Pandey,Mohd Hatim,Shubham Chaurasiya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Hatim, learned counsel for the applicant, Sri Ajeet Singh, learned Counsel 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. 213 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Aliganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.08.2024 stating that the informant's daughter aged about 13 years used to work as cook in some homes and she did not come back in the evening of 24.08.2024 after her work. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 19 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. Some photographs have been annexed with the affidavit which indicates that the victim was in an affectionate relationship with the applicant. 6. In the statement of the victim recorded under Section 180 BNSS she stated that the applicant used to reside in her neighborhood and he was pursuing her to marry him. When she did not agree the applicant had enticed her away and when she quarreled he brought her back. She categorically stated that the applicant had not committed any misdeed against her. 7. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. 8. In the statement of the victim recorded under Section 183 BNSS she stated that she knows the applicant since before. However, she stated that the applicant had forcibly taken her away. He kept her with him for five days and committed the misdeed against her. 9. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and copy of a charge sheet which has been submitted on 27.10.2024. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in her initial statement the victim has not levelled allegation of commission of any misdeed by the applicant although the victim alleged use of force by the applicant in the subsequent statement of victim recorded under Section 183 B.N.S.S. however, the allegations were not supported by medico legal examination report; that the applicant is a young man having no previous criminal history and he is languishing in jail since 28.08.2024 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- Anuj Kashyap 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 :- 5.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench