Neutral Citation No. - 2025:AHC-LKO:25248 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13154 of 2024 Applicant :- Lovekush Kumar @ Lovekush Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ashutosh Kumar Shukla,Shreshth Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ashutosh Kumar Shukla, learned counsel for the applicant, Ms. Nikita Mishra, 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.211 of 2024 under Sections 137(2), 87, 64 of B.N.S. & Section 3/4 of P.O.C.S.O. Act registered at Police Station- Gadaganj, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.10.2024 against the applicant, his father, mother, sister and another person Pinku Maurya, stating that the applicant had enticed away the informant's daughter aged 21 years with the assistance of other co-accused persons. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 21 years, she used to talk to the applicant for the past four months and she wants to marry him but her family members did not agree for her marriage with the applicant and, therefore, she called the applicant outside the village and went with him. She categorically stated that she had gone with the applicant out of her own free will and the applicant had not committed any misdeed against her and she wants to live with the applicant only. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. 6. The State has filed a counter affidavit annexing therewith the material collected during investigation and a copy of charge- sheet dated 25.10.2024. It has been stated that the information of the present application has been delivered to the informant through police. 7. The radio-logical examination report for ascertaining the age of the victim has not been brought on record either with the bail application or with the counter affidavit filed by the State. 8. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she used to talk to the applicant on and off and she had driven with the applicant under threat given by him and that the applicant raped her inside a jungle. 9. 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. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the statement of the victim recorded under Section 180 B.N.S.S., the victim has categorically stated that the applicant has not committed any misdeed against her and although she had resiled from this statement, subsequently, the medico-legal examination report does not support the allegation of commission of rape coupled with the fact that the applicant has no criminal history and he is languishing in jail since 08.10.2024 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- Lovekush Kumar @ Lovekush Verma 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. . [Subhash Vidyarthi, J.] Order Date :- 1.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench