Neutral Citation No. - 2025:AHC-LKO:38599 Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6201 of 2025 Applicant :- Upendra Kori Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Rajesh Kumar Kashyap Counsel for Opposite Party :- G.A.,Himanshu Singh Patel,Rahul Kannojia Hon'ble Manish Kumar,J. 1. Sri Rahul Kannojia, learned Advocate has put in appearance on behalf of alleged victim and filed affidavit, which is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the alleged victim, learned Additional Government Advocate for the State and perused the records. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime / F.I.R.No. 220 of 2022, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, registered at Police Station Udaipur, District Pratapgarh. 4. The brief facts of the case is that an F.I.R. dated 29.10.2022 has been lodged by the complainant under Section 363 I.P.C. alleging therein that the applicant had enticed the daughter of the complainant and ran away with her, whose date of birth is 01.12.2004. 5. Learned counsel for the applicant has submitted that the alleged victim in her statement recorded under Section 161 Cr.P.C. and 164 Cr.P.C. has submitted / stated that she is in love with the applicant. She on her own sweet will without there being any pressure of the applicant had gone with the applicant and got married in Gujarat. She has also stated in her statement that she would live with the applicant only. 6. It has further been submitted that at the time of alleged incident as per admitted case the age of the alleged victim was 17 years 10 months and 10 days and she was major enough to take decision and she had gone with applicant with her own sweet will. The applicant has not committed any offfence as mentioned either in the F.I.R. or in chargesheet. 7. Learned counsel for the applicant has further submitted that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. Learned counsel representing the alleged victim has submitted that even at present the victim is residing in her Sasural i.e. at the house of the applicant and not living / residing at her parents' house. 9. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but unable to dispute the submission made by the learned counsel for the applicant. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged victim had gone with the applicant with her own sweet will and got married with the applicant and without making any observation, which may affect the merits of the case, it is found that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 11. Accordingly, the bail application is allowed. 12. Let applicant - Upendra Kori 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 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, unless his appearance is exempted by the learned trial court. Order Date :- 8.7.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench