Neutral Citation No. - 2025:AHC-LKO:18496 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2780 of 2025 Applicant :- Akbar Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home And 3 Others Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Aman Kumar Shrivastav, learned counsel for the applicant, Ms. Nikita Misra, 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.513 of 2024, under Sections 74, 76, 70(2), 191(2), 333, 351(3) B.N.S., 5g/6 of P.O.C.S.O. Act & 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act registered at Police Station- Phool Behad, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.11.2024 against six persons, including the applicant, stating that the informant's daughter aged about 21 years was abducted from her home on 07.07.2024 by the accused persons. She was recovered by the police on 19.07.2024 but she again got abducted on 12.08.2024. The police again recovered her on 21.09.2024. On 04.10.2024, the accused persons entered the informant's house and asked the informant's elder daughter (who had gone missing repetitively earlier) to take out the jewellery etc. The informant's younger daughter objected against it whereupon the accused persons molested her. The informant's elder daughter took away some documents and Rs.35,000/- in cash and went away with the accused persons. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she supported the F.I.R. allegations and she also levelled allegations against her elder brother that he had instigated the co-accused persons. The medico-legal examination report of the victim does not mention any mark of injury or sign of use of force. 5. In the statement of the victim recorded under Section 183 B.N.S.S., she added that co-accused Imran had raped her by inserting his finger in her vagina. 6. The informant's elder daughter has given an application to the Station House Officer stating that she is in love with co- accused Imran and she had gone with her out of her own free will. She has categorically stated that her mother has lodged the F.I.R. on the basis of false allegations. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an old man aged 61 years and he has falsely been implicated in the present case. The applicant is languishing in jail since 06.01.2025. The applicant's involvement in two other cases has been disclosed in para 29 of the affidavit filed in support of the bail application, in both of which he has been acquitted. It has also been submitted on behalf of the applicant that the co-accused Danish has already been enlarged on bail by this court by means of an order dated 02.04.2025, passed in Criminal Misc. Bail Application No.2757 of 2025. 8. Learned A.G.A. has opposed the bail application and on the basis of instructions, she has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 08.02.2025 against five accused persons, including the applicant. Investigation against one of the co- accused persons is pending. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. alleges that the elder daughter of the informant was abducted by the accused persons on two previous occasions but she has stated that she has gone away with Imran out of her own free will and her mother has lodged the F.I.R. on false allegations; that although the victim has alleged that her elder sister had exhorted the accused persons to kill her, she has not made an accused in the case and that the applicant is an old man and that the applicant is languishing in jail since 06.01.2025 whereas the investigation as against the applicant stands concluded and the co-accused has already been enlarged on bail, 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. 10. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Akbar 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, unless his appearance is exempted by the learned trial court. . (Subhash Vidyarthi, J.) Order Date :- 3.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench