Neutral Citation No. - 2025:AHC-LKO:28305 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4136 of 2025 Applicant :- Azad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Amit Kumar Awasthi Counsel for Opposite Party :- G.A.,Ashish Raman Mishra Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Amit Kumar Awasthi, the learned counsel for the applicant, Ms. Nikita Mishra, the learned AGA for the State, Sri Ashish Raman Mishra, the 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. 213/2025, under Sections 137(2), 351(3)/ 352/ 64(2)(m) B.N.S. & 5(tha)/6 POCSO Act, Police Station Motipur, District Bahrich. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.04.2025 against the applicant, his father and three brothers, stating that the applicant had enticed away the informant's daughter aged 12 years at about 02:00 p.m. on 05.04.2025 with the assistance of co-accused persons. It is alleged in the FIR that the informant's daughter had taken away some jewelry and Rs. 1 lakh cash with her. 4. In the statement of the victim recorded under Section 180 BNSS, she stated that she is aged 17 years, she loves the applicant, one day she was talking to the applicant on phone and her family members came to know about it and they had scolded her. The applicant had promised to marry her and, therfore, she had gone away with the applicant. While they were waiting for conveyance near Daulatpur Crossing, the police came there. 5. The medico legal examination report of the victim reveals no mark of injury or sign of use of force. 6. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that due to a quarrel with her sister, she did not go back from the school to her home on 05.04.2025 and she kept hiding in a lane till 01:00 a.m. in the night. Thereafter the police came there and took the applicant to police station. She loves the applicant and, therefore, she followed the police vehicle. Her brother saw it and beaten her up. She stated that she is in a relationship with the applicant for the past four years. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. 8. All the other accused persons have filed Criminal Misc. Writ Petition No. 3148/2025 and their arrest has been stayed by means of an order dated 17.04.2025 passed by the Division Bench of this Court. 9. The learned AGA as well as Sri Ashish Raman Mishra, the learned counsel for the informant have opposed the bail application and they have submitted that the applicant is the main accused, investigation of the case is still pending and the victim's brother has stated that the accused persons are pressurizing him, therefore, the applicant should not be granted bail at this stage. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim wherein she has categorically stated that she loves the applicant, she had gone with him out of her own free will; although the victim is minor, the applicant is also a young man who is marginally above the threshold age of majority; when young persons are in love, it cannot be said that they know the exact age of each other from their appearances only; the medico legal examination report indicates no sign of use of force and that the applicant is a young man aged 19 years having no criminal history and he is languishing in jail since 08.04.2025, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Azad 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. Order Date :- 14.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench