Neutral Citation No. - 2025:AHC-LKO:23011 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11628 of 2024 Applicant :- Ramjan Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Vijay Kumar,Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, as well as Sri Devesh Kumar, learned Additional Government Advocate 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.0262 of 2024, under Sections 137(2), 87 and 65 B.N.S. and Section 3/4(2) of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Harpalpur, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.08.2024 at 16:36 hours, stating that the informant's daughter aged 15 years used to talk to the applicant on phone. The applicant enticed her away at about 9 p.m. on 30.08.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant took her to the highway and committed the misdeed. When the police started searching her, he dropped her back outside her home. 5. The medico-legal examination report mentions no mark of injury or sign of use of force on any part of victim's body. 6. As per radiological examination report, the age of the victim is about 17 years. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that the applicant had taken her away at 9 p.m. on 30.08.024. He took her towards the highway and committed the misdeed against her on the road. She did not raise her voice. The applicant left her after 3 hours and she came back home. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young person aged 20 years having no criminal history, and he has been falsely implicated in the present case. 9. The learned Additional Government Advocate has opposed the bail application and submitted that the allegations have been established during investigation and a charge-sheet has been filed on 22.09.2024. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR lodged on 31.08.2024 at 16:36 hours merely mentions that the applicant had enticed away the informant's daughter at about 9 p.m. on 30.08.2024; in her statement recorded under Section 183 B.N.S.S., the victim stated that the applicant had taken her away at 9 p.m. on 30.08.2024 and she reached back her home at 3 a.m. on 31.08.2024 and there is no mention of this fact in the FIR; the FIR states that there were friendly relations between the applicant and the victim and the victim has stated that she had not raised her voice even when the misdeed was being committed on the highway; the allegation of rape is not supported by findings of the medico-legal examination report; the applicant is a young person aged 20 years, having no criminal history and he is languishing in jail since 05.09.2024, whereas the investigation already stands concluded, I am of the view that it is a fit case for grant of bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Ramjan 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 :- 23.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench