Neutral Citation No. - 2025:AHC-LKO:18378 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2722 of 2025 Applicant :- Chotu Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Dhananjai Kumar Tripathi,Kajol,Tanupriya Counsel for Opposite Party :- G.A.,Bhanu Pratap Singh,Naved Alam Hon'ble Subhash Vidyarthi,J. 1. Sri Bhanu Pratap Singh, Advocate has filed vakalatnama on behalf of the applicant, which is taken on record. 2. Heard Sri Dhananjai Kumar Tripathi, learned counsel for the applicant, Miss. Nikita Mishra, the learned A.G.A. and Sri Bhanu Pratap Singh, the learned counsel for the informant. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 30 of 2025, under Sections 363, 366, 376, 323, 506 I.P.C. and Section 3/4, POCSO Act, Police Station Murtiha, District Bahraich. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.1.2025 against the applicant, his father and brother, stating that the applicant had enticed away the informant’s daughter aged about 16 years about 8 months ago. He kept her properly for some time, but thereafter started beating her. He had dropped the informant’s daughter back to her home about 15 days ago. 5. In the statement of the victim recorded under Section 180, B.N.S.S. she stated that the applicant had enticed her away and he kept her with him for a period of 3 months under allurement of marrying her, but thereafter he started beating her. She came back to her mother’s home and after some time a settlement was arrived at between them in presence of her mother, the village Pradhan and some other villagers that the applicant will keep her properly. Thereafter, the victim went to live with the applicant, but after some time the applicant again started ill- treating her. 6. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. The pathological report mentions that no spermatazoa- alive or dead, and no gonococci was seen in the vaginal smear. 7. In the statement of the victim recorded under Section 183, B.N.S.S. she stated that the applicant had taken her away about 6-7 months ago and had married her in court. The applicant thereafter started ill-treating her and dropped her back to her mother’s home and that now she wants to live with her mother. 8. In the affidavit filed in support of the application it has been stated that applicant is a 19 years old person, having no criminal history and he has been falsely implicated in the present case. 9. The learned A.G.A. as well as the learned counsel for the applicant has opposed the bail application and they have submitted that victim is minor and the allegations have been established during investigation and a chargesheet has been submitted on 16.2.2025. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the informant, she had no grievance while her daughter was living with the applicant as his wife till the applicant was not ill- treating her; that the victim has stated that after the applicant started ill-treating her, a settlement had been arrived at in presence of her mother, the Village Pradhan and other villagers, whereunder she agreed that her daughter/victim will live with the applicant, whereas neither the applicant nor the victim are of marriageable age; the applicant is a young man having no criminal history and he is languishing in jail since 20.02.2025, whereas the investigation already stands concluded, without making any observation, which may affect the merits of the case, 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- Chotu be released on bail in the aforesaid 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 appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 2.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench