Neutral Citation No. - 2025:AHC-LKO:29159 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12786 of 2024 Applicant :- Shambhu Kahar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 3 Others Counsel for Applicant :- Bhimbahadur Singh,Jay Prakash Singh Counsel for Opposite Party :- G.A.,Bhimbahadur Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Bhimbahadur Singh, the learned counsel for the applicant and Sri Diwakar Singh, the learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 207 of 2024, under Sections 137(2), 87, 64 B.N.S. and Section 3/4 POCSO Act, Police Station Ahirauli, District Ambedkar Nagar. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.07.2024 against two persons, including the applicant, stating that the applicant had enticed away the informant's daughter aged 17 years on 18.07.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she knows the applicant for the past 20 days and she loves him. She was talking to him on phone when her mother saw it and had beaten her up, therefore, she had gone away from her home. She had met the applicant at Akbarpur station and thereafter she went to her mama's place. 5. The medico legal examination report of the victim reveals no mark of injury or sign of use of force and the pathological examination report mentions no live or dead spermatozoa seen. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she had gone away from her home on 18.07.2024 and she went to their school where the applicant came and took her to Akbarpur on his motorcycle. In his statement she stated that she had not gone with her own free will. She alleged that the applicant had taken her away to the house of her aunt and had raped her. Thereafter, the victim's aunt asked both of them to go away and she stated that she would handle the situation. 7. In the affidavit filed in support of the 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. 8. The State has filed a counter affidavit annexing therewith a copy of the material collected during investigation and a copy of charge sheet submitted against the applicant on 11.09.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the initial statement of the victim recorded under Section 180 B.N.S.S., the victim did not level any allegation against the applicant; although the victim alleged commission of rape by the applicant in her statement under Section 183 B.N.S.S., she stated the place of occurrence to be the house of her own aunt and she has further stated that her aunt has stated that she would take care of the situation; the medico legal examination report mentions no mark of injury or sign of use of force and that the applicant has no criminal history, he is languishing in jail since 21.07.2024 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Shambhu Kahar 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 :- 16.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench