Neutral Citation No. - 2025:AHC-LKO:28693 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11383 of 2024 Applicant :- Vidyaram Chauhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Applicant :- Shailendra Pathak,Sanat Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sanat Kumar Ojha, learned counsel for the applicant, Sri Satyendra Srivastava, 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.169 of 2024 under Sections 137(2), 64 B.N.S. and Section 3/4of Protection of Children from Sexual Offences (POCSO) Act, registered at Police Station- Laliya District- Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged 26.07.2024 against five persons, stating that the informant's daughter aged 14 years had gone away from her home on 26.07.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S, she stated that she is aged 15 years, she gone with the applicant to Balrampur and then to Ludhiyana where she stayed with the applicant for eight days and when she started missing her parents, she came back. In response to a specific question, the victim stated that the applicant has made physical relations with her consent. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. 6. As per radio logical examination of the victim, the age of the victim opined to be about 17 years. 7.In the statement of the victim recorded under Section 183 B.N.S.S, she stated that she knew the applicant for the past one month and she liked him. Although she stated that the applicant had forcibly taken her away, she categorically stated that she does not want prosecution of the applicant. Although the applicant has committed a misdeed, the misdeed has been committed due to her own desire. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 18 years having no criminal history and he has been falsely implicated in the present case. 9. The State has filed a counter affidavit annexing therewith copies of the material collected during investigation and a copy of the charge-sheet dated 22.10.2024. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statement of the victim wherein she has not levelled any allegation against the applicant rather she has stated that she does not want prosecution of the applicant and that the applicant is a young man having no criminal history and is languishing in jail since 27.08.2024 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Vidyaram Chauhan 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:- (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. Order Date :- 15.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench