Neutral Citation No. - 2025:AHC-LKO:23362 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3448 of 2025 Applicant :- Mohd. Kalam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Farooq Ayoob,Mansi Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Farooq Ayoob, learned counsel for the applicant, Shri Anil Kumar Pandey, 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.243 of 2025 under Sections 69, 89, 351(3), 352 B.N.S. and Section 5(l)/6 of P.O.C.S.O. Act, 2012 registered at Police Station- Kotwali Nagar, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.03.2025 against the applicant and his family members stating that under allurement of marrying the informant, the applicant repetitively made physical relations with her for the past two years and when she got pregnant, the applicant forcibly got her pregnancy aborted and thereafter, he declined to marry her. 4. In the statements of the victim recorded under Section 180 and 183 B.N.S.S., she reiterated her earlier version and she further added that the applicant and her family members had abused, threatened and beaten her. 5. The findings of the medico-legal examination report contains nothing significant. As per the medical report, her age is about 19 years. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years and he has been falsely implicated in the present case. The applicant's involvement in another criminal case has been disclosed in para 26 of the affidavit filed in support of the bail application in which he has already been granted bail. 7. Learned A.G.A. has vehemently opposed the bail application and he has submitted that the information of the present application has been delivered to the informant through police. He has further submitted that the investigation is still pending and the applicant is not entitled to be released on bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has admittedly repetitively made physical relations with the applicant without marriage even after she attained majority more than a year ago; there is no material from which it can be prima facie inferred that the intention of the applicant since inception was to deceive the informant and that the applicant is a young man and he is languishing in jail since 12.03.2025, 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-Mohd. Kalam 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 :- 24.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench