Neutral Citation No. - 2025:AHC-LKO:30235 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1867 of 2025 Applicant :- Monu Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Home Secy. Home Lko. And 3 Others Counsel for Applicant :- Anupam Rastogi Counsel for Opposite Party :- G.A.,Rajeev Kumar Dwivedi Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Anupam Rastogi, the learned counsel for the applicant, Shri Ravi Srivastava, the learned A.G.A. for the State, Shri Rajeev Kumar Dwivedi, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.349 of 2024 under Sections 137(2), 87, 64(1) of B.N.S., Section 3/4(2), 5J/6 of P.O.C.S.O. Act registered at Police Station- Sadhana, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.09.2024 stating that the applicant had enticed away the informant's daughter aged 15 years on 11.09.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 20 years and she had gone to the applicant out of her own free will. She stated that she has married the applicant and was living with him as his wife at Telangana, Hyderabad. Upon coming to know about the FIR lodged by her grandmother, she came back on her own 5. The victim declined to undergo medico-legal examination. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she has been talking to the applicant for the past two years and she likes him. Her family members had beaten her and, therefore, she had gone to the house of the applicant's elder sister. As per the birth certificate, her date of birth is 02.05.2004. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person having no criminal history and he has been falsely implicated in the present case. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 07.12.2024. 9. A rejoinder affidavit has been filed on behalf of the applicant annexing therewith copies of the statement of the informant recorded by the trial Court and she has declared to be hostile. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has not levelled any allegation against the applicant in her statement recorded by the Investigating Officer and by the Magistrate; the victim declined to undergo medico-legal examination and the victim turned hostile before the trial court coupled with the fact that the applicant has no criminal history and he is languishing in jail since 07.12.2024 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- Monu Kumar 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, unless his/her appearance exempted by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 21.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench