Neutral Citation No. - 2025:AHC-LKO:26220 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3874 of 2025 Applicant :- Abdul Majid Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Manoj Kumar Singh, the learned counsel for the applicant, Sri Mohd. Asim Khan, learned Additional Government Advocate-I 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.53 of 2025, under Sections 376(2)(n) I.P.C. and Section 5(i)(ii)/6 Protection of Children from Sexual Offences (POCSO) Act, registered at Police Station Khairighat, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.02.2025 alleging that the informant was living in Goa for earning his livelihood. In his absence, the applicant developed relationship with the informant's daughter aged 17 years due to which she became pregnant and she has delivered a child. The F.I.R mentions that the applicant himself had made a phone call on number 112 and made a complaint. 4. In the statement of the victim recorded under Section 180 B.N.S.S as also in her statement under Section 183 B.N.S.S, she stated that she is in a loving relationship with the applicant. When she got pregnant and told about it to her mother, she did not agree for her marriage with the applicant and started pressurizing her to abort pregnancy. When she told it to the applicant, the applicant had informed it to the police by making a call to number 112. As she is a minor and she did not want to live with her mother, she had come to Nari Niketan on 06.11.2024 where she has delivered a baby boy on 27.01.2025. 5. The radio logical examination of the victim has not been conducted to ascertain her age. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 20 years having no criminal history. 7. It has categorically been stated in the affidavit that the victim has delivered a child of the applicant and the applicant is willing to take care of the victim as his wife and as also of his son after performing Nikah with the victim. 8. The learned Additional Government Advocate-I appearing on behalf of the State has opposed the bail application and he has submitted that the allegation have been established during investigation and the charge-sheet has been submitted on 01.04.2025. 9 Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statement of the victim wherein she has not levelled any allegation against the applicant and she has expressed her willingness to live with the applicant and that the applicant has also expressed his willingness to marry the victim and to take care of her and her child; that the investigation of the case 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Abdul Majid 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 marry the victim within a period of 30 days from the date of his release from custody or release of the victim from Nari Niketan, whichever is later. (ii) the applicant shall not tamper with the prosecution evidence; (iii) the applicant shall not pressurize the prosecution witnesses; (iv) 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 :- 6.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench