Neutral Citation No. - 2025:AHC-LKO:16071 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2244 of 2025 Applicant :- Guddu Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And 3 Others Counsel for Applicant :- Pankaj Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Pankaj Verma, learned counsel for the applicant, Shri Diwaker Singh, the 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.148 of 2019 under Sections 363, 366-A, 323, 376-(3), 370-(A) I.P.C. and Section 5J(2)/6 of POCSO Act I.P.C. registered at Police Station- Risiya, District- Bahraich. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 17.09.2019 on the basis of an application under Section 156(3) Cr.P.C. filed against three persons, not including the applicant, alleging that informant's daughter aged about 14 years had gone away from her home at about 08:00 PM on 25.12.2017 and she did not come back. Initially, the Investigating Officer had submitted a final report but the same was not approved by the supervising authority and further investigation was conducted thereafter. During further investigation, the victim was recovered and her statement was recorded on 10.05.2023 wherein she stated that her mother used to ill treat her due to which she left her home. She stayed in a Dargah for 3-4 months. Thereafter, one Babu sold her to the applicant for Rs.30,000/-. The applicant married her and a son was born out of the wedlock but one year after her marriage, the applicant also started ill treating her and thereafter, the victim left the applicant's house alongwith her son. Thereafter, she married one Monu. A daughter was born out of her wedlock and now she is living happily with Monu who takes care of her daughter as well as the applicant's son. A similar statement was given by the victim under Section 164 Cr.P.C., wherein she stated that she returned to her village after 7 years of her marriage. 4. 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. 5. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the FIR version, the informant's daughter had gone missing on 25.12.2017 but the application under Section 156 (3) Cr.P.C. was filed on 13.09.2018; the victim stated in her statements that she had married the applicant, a son was born out of the wedlock and thereafter she left the applicant alongwith her son and has married another person and she is living happily with her second husband; in her statement recorded under Section 164 Cr.P.C., the victim stated that she returned to her village after seven years of marriage, which belies the narration given in the FIR, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 05.01.2025, 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. 6. Accordingly, this bail application stands allowed. 7. Let the applicant- Guddu Tiwari 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 :- 20.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench