Neutral Citation No. - 2025:AHC-LKO:26438 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2020 of 2025 Applicant :- Sarvar Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Shishir Pradhan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shishir Pradhan, the learned counsel for the applicant as well as Sri Alok Kumar Tiwari, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 643 of 2024, under Sections 137 (2), 87, 65(1) of B.N.S. Act, 2023 and 5(I)/6 of POCSO Act, 2012 and Section 3(2)(V) of SC/ST Act, registered at Police Station Mohammadpur Khala, District Barabanki. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 03.10.2024, alleging that the informant's daughter aged 16 years had gone out of her home for going to school but she did not come back. 4. In the statement of he victim recorded under Section 180 B.N.S.S as well as in her statement recorded under Section 183 B.N.S.S, she stated that she had herself gone to the applicant and she live in a rented accommodation as his wife. She stated that she has married the applicant on 04.10.2024. Upon coming to know about the F.I.R lodged by her father, she came back. 5. The medico legal examination report of the victim mentions no mark of injury or sign of use of force and the findings of pathological examination report do not indicate commission of rape. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge sheet dated 07.12.2024 has been submitted. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim wherein she stated that she had gone away from her home on her own; that the applicant has no criminal history and he is languishing in jail since 11.10.2024, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Sarvar Ali 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 the 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 :- 6.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench