Neutral Citation No. - 2025:AHC-LKO:27999 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9924 of 2024 Applicant :- Mo. Raja @ Ali Raja @ Raja Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Krishna Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Krishna Kumar Tiwari, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-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. 123 of 2022, under Sections 363, 366, 379, 376, 411, 120-B & 3/4 POCSO Act,- 2012, Police Station Badosarai, District Barabanki. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.05.2022 against the applicant and four of his family members and relatives stating that the applicant had enticed away the informant's daughter aged 17 years with the assistance of other co-accused persons and she had taken away all the gold and silver from the shop and Rs. 4,28,000/- case with her. 4. In the statement of the victim recorded under Section 161 Cr.P.C. and also in her statement recorded under Section 164 Cr.P.C., she stated that she had gone with the applicant out of her own free will and made physical relations with her consent. 5. The medico legal examination report of the victim revealed no mark of injury or sign of use of force and as per radiological examination, her age has been opined to be about 18 years. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 25 years having no criminal history and he has been falsely implicated in the present case. 7. Although on 30.09.2024 the State was granted time for filing counter affidavit but no counter affidavit has been filed till date. 8. The learned AGA has informed that the information of the present application was given to the informant on 20.11.2024 but the informant has also not come forward to oppose the bail application. He has stated that the allegations have been established during investigation and a charge sheet has been submitted on 12.07.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant, coupled with the fact that the applicant is a young man aged 25 years having no criminal history and he is languishing in jail since 15.05.2022 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 crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Mo. Raja @ Ali Raja @ Raja 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 :- 12.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench