Neutral Citation No. - 2025:AHC-LKO:17219 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2569 of 2025 Applicant :- Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Manoj Kumar Singh, learned counsel for the applicant, Shri Anant Pratap Singh, 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.327 of 2023, under Section 376 I.P.C. & 5(1), (n)/6 of P.O.C.S.O. Act registered at Police Station- Dargah Shareef, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.09.2023 alleging that the informant's niece aged about 13 years had gone away from her home on 13.09.2023. The victim was recovered from Nari Niketan. In her statement recorded under Section 180 B.N.S.S., she stated that her father was in jail, her mother had left her, she had taken out Rs.2,000/- from the box of her grand-mother, due to which the applicant, who is her uncle, had beaten her up. The applicant used to beat her often and he used to commit misdeed against her. Therefore, she had left her home. The victim had declined to undergo medico-legal examination. 4. A similar statement was given by the victim under Section 183 B.N.S.S. She further stated that the applicant had tendered apology and should be pardoned. She did not want to continue any proceedings against the applicant. 5. The statement of the victim has been recorded by the trial Court, a copy whereof has been annexed alongwith the counter affidavit. The victim has been declared to be hostile. 6. 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. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has already been examined by the trial Court and she has turned hostile, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Sonu 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 :- 26.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench