Neutral Citation No. - 2025:AHC-LKO:27240 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4018 of 2025 Applicant :- Kallu Behna @ Mukim Ahmad Opposite Party :- State Of U.P. Thru. Principal Secy. Deptt. Of Home Lko And 3 Others Counsel for Applicant :- Amar Nath Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Amar Nath Dubey, learned counsel for the applicant, Shri Anurag Verma, learned A.G.A.-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.128 of 2024 under Sections 363, 366, 376(3), 504 I.P.C. , Section 3/4(2) of P.O.C.S.O. Act & 3(1)ध, 3(2)5, 3(2)5 क of S.C./S.T. Act registered at Police Station- Sangramgarh, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.06.2024 against three persons, including the applicant, stating that the applicant had enticed away the informant's daughter aged about 13 years. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she stated that she had developed a friendship with the applicant who used to see her mother often and stayed at her place. Her mother also used to visit the applicant's place alongwith her. She is staying with the applicant for the past five months. The applicant had taken her to Gujarat also. When her mother gave an application to the police, she was sent back. 5. The medico-legal examination report mentions no mark of injury or sign of use of force. The radio-logical examination report reveals age of the victim to be 18 years. The pathological examination report mentions no spermatozoa (dead or alive) in the vaginal smear slide of the victim. 6. In the statement of the victim recorded under Section 164 Cr.P.C., she stated that she has been talking to the applicant for the past six months and the applicant had taken her under allurement of marrying her. She stayed with the applicant at his home as his wife but the applicant did not marry her. 7. 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. 8. Learned A.G.A.-I has opposed the bail application and he has submitted that as per the education documents, the victim is minor, allegations have been established during investigation and a charge-sheet has been submitted on 20.08.2024. He has further submitted that the information of the present application has been delivered to the informant through police. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has stated that she had gone with the applicant out of her own free will; although as per the education documents, the victim appears to be minor, as per the radio- logical examination report, her age has been opined to be 18 years and that the applicant has no criminal history and he is languishing in jail since 03.07.2024 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 case. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Kallu Behna @ Mukim Ahmad 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 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench