Neutral Citation No. - 2025:AHC-LKO:16222 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2254 of 2025 Applicant :- Shivkumar @ Lalla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dheeraj Awasthi,Krishna Kant Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Dheeraj Awasthi, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-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.258 of 2024 under Sections 64(1), 87, 137(2) B.N.S. and Section 3/4 POCSO Act registered at Police Station- Asoha, District- Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.12.2024 against the applicant and one Vimla alleging that the applicant had enticed away the informant's daughter aged about 16 years with the assistance of co-accused Vimla on the night of 12.02.2024. It is stated in the FIR that Vimla is the wife of informant's husband's brother and the applicant is related to her. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent boy aged about 18 years having no criminal history and he was in love with the prosecutrix, who had gone with him willingly. 5. Learned AGA-I has vehemently opposed the bail application and he has produced the relevant documents for perusal of the Court which shows that in the statement of the victim recorded under Section 180 BNSS, the victim stated that she used to talk to the applicant, who is related to her Chachi Vimla (co-accused). She stated that she wants to live with the applicant and she did not level any allegation of use of force. Before the Magistrate, the victim stated that she loves the applicant. The investigation stands completed and a charge-sheet has been submitted on 13.02.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the victim is minor and the applicant is major, there is a very minor difference in their ages and the victim has consistently stated that she loves the applicant; that when young persons are in love, it is difficult for them to ascertain as to whether the other person has crossed the age of majority or not; that the victim has not levelled any allegation of use of force and cheating and that the applicant is a young man having no criminal history, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Shivkumar @ Lalla 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