Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2998 of 2025 Applicant :- Sanjay Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. 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, Shri Ashok Srivastava, 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.05 of 2024 under Sections 363, 366, 376(3) I.P.C. and 5j(ii)/6 P.O.C.S.O. 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 04.01.2024 against three persons, including the applicant, stating that the informant's daughter aged 14 years had gone to attend the call of nature at about 05:00 PM on 01.01.2024 but she did not come back. Upon making enquiries, the informant came to know that the applicant had enticed her away under consultation with co-accused persons. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she is aged 22 years, she has stayed with the applicant in Haryana for two months as his wife and she wants to continue living with the applicant only. 5. The victim declined to undergo medico-legal examination and even her radio-logical examination has not been conducted to ascertain her age. However, urine pregnancy test has been reported to be positive. 6. In the statement of the victim recorded under Section 164 Cr.P.C. also, she stated that she is aged 22 years, she knows the applicant since childhood and she has married him and made physical relations with him willingly. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he is languishing in jail since 06.08.2024. 8. Learned A.G.A. has vehemently opposed the bail application and he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 16.08.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation of commission of any misdeed by the applicant coupled with the fact that the applicant is a young man aged 22 years having no criminal history and he is languishing in jail since 6.08.2024 whereas the investigation stands concluded, 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. Accordingly, this bail application stands allowed. 11. Let the applicant-Sanjay 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 :- 9.4.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench