Neutral Citation No. - 2025:AHC-LKO:24131 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3347 of 2025 Applicant :- Shanu @ Sandeep Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Suhail Kashif Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Case called out. 2. Sri Suhail Kashif, learned counsel for the applicant and Sri Anshuman Verma, the learned A.G.A. for the State, are present. 3. The informant/victim Priyanka Yadav has been produced by S.I. Sri Aditya Gautam alongwith Lady Constable Reeta Maurya of Police Station Loni Katra, District Barabanki. 4. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 328 of 2024, under Sections 376(2)(n),504,506, I.P.C. and Section 5(1)5(j)(ii)/6, Protection of Children from Sexual Violence Act, 2012, Police Station Loni Katra, District Barabanki. 5. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.09.2024 against the applicant, his brother Sanjay Gautam and one Amit Kumar stating that the applicant physically exploited the informant for the past one year and when the informant asked him to marry her, he said that he would marry the informant, when he attains majority. The informant got pregnant and when six months had expired since she conceived, she told about it to her family members. When the family members contacted the applicant with a wedding proposal, the applicant declined to marry the informant. 6. In the affidavit filed in support of the application for bail it has been stated that the applicant is a young man aged 20 years, having no criminal history and he has been falsely implicated in the present case and is languishing in jail since 25.09.2024. 7. By means of a supplementary affidavit it has been stated that the applicant has attained the age of 21 years and now he has attained the marriageable age and he is willing to marry the informant. 8. The informant has appeared before this court alongwith a small child in her lap and she stated that although the child is of the applicant, she has married with another person on 31st March, 2025, therefore, now there is no question of her marrying the applicant in spite of the latter's willingness to do so. 9. The learned A.G.A. as also the learned counsel for the informant have opposed the bail application, but they could not dispute the facts stated above. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim herself is the informant and she had lodged the F.I.R. being aggrieved by the applicant's failure to marry her, while the applicant was not of marriageable age; now the applicant has attained marriageable age, but the informant has already married some other person; it appears that there has been an affectionate relationship between the informant and the applicant, and that the applicant is a young boy having no criminal history, he expresses willingness to marry the informant, and the investigation stands concluded, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Shanu alias Sandeep Gautam 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 :- 28.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench