Neutral Citation No. - 2025:AHC-LKO:15770 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11057 of 2024 Applicant :- Kanhiya Lal Thru. Father Ram Dhani Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Applicant :- Bhanu Pratap Singh,Durgesh Kumar Verma,Surya Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Bhanu Pratap Singh, learned counsel for the applicant, Sri Anant Pratap Singh, 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. 125 of 2024, under Sections 137 (2), 64 (1) of B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Gaura Chauraha, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.08.2024 alleging that the informant's daughter aged about 15 years had gone away from her home in the night of 12.08.2024. The informant herself has informed the Investigating Officer that her daughter had returned on her own on 22.08.2024. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. In the statement of the informant recorded by the Investigating Officer, she stated that she knows one Raksha Ram for the past five months and the applicant had called her so as to make her see Raksha Ram. She categorically stated that the applicant did not commit any misdeed against her. A similar statement was given by the victim before the doctor who had conducted her medical examination. No injury was found on her body in the medico legal examination. 5. The State has filed a counter affidavit annexing therewith copies of statements recorded during investigation and the copy of charge sheet dated 02.10.2024. 6. A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of the statement of the victim recorded by the learned trial court. In her examination- in-chief the victim has supported the prosecution case, but in her cross-examination she stated that she was in a loving relationship with the Raksha Ram. She was not in any relationship with Kanhiya Lal, who is related to Raksha Ram. She stated that the applicant is related to her and he ought to have opposed Raksha Ram but as he failed to do so, her mother implicated him. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact the applicant has no previous criminal history coupled with the fact that the statement of victim having been recorded by the learned trial court, in case the applicant is released on bail, he will not be in a position to influence her and the fact that the applicant is languishing in jail since 09.09.2024 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-Kanhiya Lal 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