Neutral Citation No. - 2025:AHC-LKO:27013 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3983 of 2025 Applicant :- Rajesh Sahu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Salil Kumar Srivastava,Rahul Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajai Krishna Yadav, Advocate holding brief of Sri Salil Kumar Srivastava, learned counsel for the applicant, Sri Abhishek Kumar Singh, learned counsel 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. 149 of 2024, under Sections 363, 366, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Rupaidiha, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.05.2018 under Sections 363, 366 I.P.C. against the applicant and another person Udai Raj stating that when the informant's daughter aged about 16 years had gone to attend the call of nature along with her grand mother at about 09.00 p.m. on 15.05.2018, but only her grand mother returned home and she stated that perhaps the informant's daughter had gone away on a motorcycle. Upon making enquires the informant came to know that the applicant had enticed her away. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she stated that she is aged about 20 years, she had gone with the applicant out of her own freewill, she has married him about one month ago and she is staying with him as his wife. She has categorically stated that she had gone away with the applicant out of her own freewill. 5. During medico legal examination no mark of injury or sign of use of force have been reported on the victim's body and as per radiological examination report her age has been opined to be about 17 years. 6. In the statement of the victim recorded under Section 164 Cr.P.C. she reiterated her earlier version. 7. In the affidavit filed in support of 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. Earlier the applicant and the victim had jointly filed Writ Petition No.23435 (M/B) of 2018 seeking quashing of the F.I.R. The writ petition was allowed by means of a judgment and order dated 30.01.2019 and the F.I.R. under Sections 363 and 366 I.P.C. was quashed. After quashing of the F.I.R. on 31.01.2009 the Investigating Officer has submitted a charge sheet against the applicant for commission of offences under Sections 363, 366, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act. The Investigating Agency had filed a short counter affidavit in that writ petition and this court had allowed the petition by a detailed judgment and order after giving ample opportunity to the State and the F.I.R. was quashed. When the F.I.R. became non existent no further action could be taken in furtherance of the F.I.R. that has already been quashed. However, since the present application has been filed for releasing the applicant on bail only, as such, having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 29.03.2025 and without making any observation, which may affect the merits of the case, 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-Rajesh Sahu be released on bail in the aforesaid case on furnishing a personal bond only (Subhash Vidyarthi, J.) Order Date :- 8.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench