Neutral Citation No. - 2025:AHC-LKO:27887 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 841 of 2025 Applicant :- Waquar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anurag Singh, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-I 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.236 of 2024, under Sections363, 366, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Tambour, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.06.2024 against the applicant and his three brothers stating that the applicant had enticed away the informant's daughter aged about 16 years on 09.05.2024. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 25 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The State has filed a counter affidavit opposing the bail application annexing therewith copies of relevant materials collected during investigation and a copy of charge sheet dated 06.07.2024. 6. In the statement of the victim recorded under Section 161 Cr.P.C. she stated that the applicant is her jija (brother in law) and he had taken her under the pretext that some persons wanted to see her for her marriage. However, the applicant took her to Lucknow where he kept her in a room for 21 days and committed misdeed against her. 7. The victim declined to undergo medico legal examination. As per radiological examination report the age of the victim has been opined to be between 17-18 years. 8. In the statement of the victim recorded under Section 164 Cr.P.C. she reiterated her earlier version. 9. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copy of statement of the victim recorded by the trial court. Although, the victim has supported the prosecution case in her examination-in-chief, she has not supported the same during her cross-examination and she has categorically stated that the applicant has not committed the misdeed against her. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has not supported the prosecution case during her cross-examination before the trial court and that the applicant has no previous criminal history, he is languishing in jail since 08.06.2024 and the investigation already stands concluded 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Waquar 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. 13. As the victim has not supported the prosecution case it is provided that in case any benefit has been provided to her under any government scheme due to the reason that she is a victim of offence under Section 376 I.P.C. the same shall be recovered from her and the District Magistrate concerned shall take appropriate steps in this regard. 14. The learned A.G.A.-I shall communicate this order to the appropriate authority for ensuring recovery of amount from the alleged victim. (Subhash Vidyarthi, J.) Order Date :- 12.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench