Neutral Citation No. - 2025:AHC-LKO:27361 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4039 of 2025 Applicant :- Deepu @ Deepak Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Sharad Nandan Ojha,Adesh Kumar Yadav,Akhand Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sharad Nandan Ojha, the learned counsel for the applicant, Sri Anant Pratap Singh, the learned AGA 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. 980 of 2021, under Sections 363, 366 & 376 of I.P.C. and Section 5J/6 POCSO Act, Police Station Kotwali City, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.11.2021 against three persons, including the applicant, stating that the applicant had enticed away the informant's daughter aged 14 years on 15.11.2021. 4. In the statements of the victim recorded under Section 161 Cr.P.C. as well as in her statement recorded under Section 164 Cr.P.C., she stated that she is aged 20 years, she had herself called the applicant and went to Delhi with him. She is living with him as his wife. She has delivered a son on 17.02.2023 and she stated that she wants to continue to live with the applicant only. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. The learned AGA has opposed the bail application and he has submitted that the allegations have been established during investigation, the victim was minor at the time of the incident, the information of the application has been given to the informant through police and a charge sheet has been submitted on 18.03.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim's statements have been recorded while she has attained the age of 20 years and in both her statements she has categorically stated that she had gone with the applicant on her own free will, she is living with him as his wife and she has delivered a son and she wants to continue to live with the applicant only, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 27.02.2025 whereas the investigation already 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Deepu @ Deepak Gupta 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 :- 9.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench