Neutral Citation No. - 2025:AHC-LKO:25898 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3659 of 2025 Applicant :- Mohd. Shameem Opposite Party :- State Of U.P. Thru. Deptt. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Dilip Kumar Chaudhary Counsel for Opposite Party :- G.A.,Deepak Kumar Pandey Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dilip Kumar Chaudhary, the learned counsel for the applicant, Sri Rajeev Kumar Verma, learned Additional Government Advocate for the State, as well as Sri Raj Kumar Pandey, Advocate, holding brief of Sri Deepak Kumar Pandey, learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.049 of 2025, under Sections 137(2), 87 and 64(2)M B.N.S. and Sections 5L/6 POCSO Act, registered at Police Station Kotwali Nagar, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.02.2025 alleging that the applicant had enticed away the informant's daughter aged 16 years on 26.02.2025 for marrying her. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years. The applicant had taken her to Lucknow on 20.01.2025 and had married her. On 26.02.2025, she had come to attend a Dastar Bandi of her sister and thereafter she made a phone call to the applicant and said that she would stay with him. The applicant's maternal uncle made arrangement for an accommodation at Bahraich. 5. The victim declined to undergo medico legal examination but her age has been assessed by the Medical Board to be about 17 years. The victim stated that she has two months' pregnancy. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she alleged that the applicant's maternal uncle had forcibly taken her away on 25.02.2025 and he arranged for an accommodation at Bahraich. She further stated that her father had lodged an FIR alleging that she had been forcibly abducted and the police was harassing the applicant's family members. Thereafter, she stayed with the applicant for 18 days and made physical relations with him. In this statement also, she stated that she married the applicant in the month of January. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years and he has been falsely implicated in the present case. His involvement in another criminal case has been disclosed in para-25 of the affidavit filed in support of the bail application in which his arrest has been stayed by this Court by means of an order dated 30.01.2025 passed in Criminal Misc. Writ Petition No.862 of 2025. 8. The learned Additional Government Advocate has opposed the bail application and he has submitted that the investigation is still pending. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim recorded under Section 180 B.N.S.S. wherein she has stated that she had married the applicant and also that she has two months' pregnancy; that the applicant is a young man and he is languishing in jail since 25.03.2025, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Mohd. Shameem 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 :- 5.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench