HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8433 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Abhishek Mishra, learned counsel for the applicant, Shri Virendra Kumar, 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.25 of 2025, under Sections 137(2), 87, 98 and 142 of B.N.S. and under Section 16/17 of POCSO Act, registered at Police Station Shivgarh, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.02.2025 stating that the informant's daughter aged 16 years had gone away from his home at about 07:00 P.M. on 22.02.2025 and he suspected that someone had enticed her away. 4. In the statement of the alleged victim recorded under Section 180 BNSS, she stated that she is aged 17 years, she knows one Mahesh aged 28 years since July 2024. Mahesh had taken her away with him and thereafter, he sent her with his friend Munna. Munna took her to the house of his sister Preeti at Barabanki. Preeti called her parents and asked them to take away the victim with them. The applicant is father of Preeti. The parents of Preeti Versus Counsel for Applicant(s) : Abhishek Mishra, Subhash Chandra Mishra Counsel for Opposite Party(s) : G.A. Ram Kailash Giri .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) kept her locked inside a room for 2 days and thereafter they sent her to Raebareli, from there, Preeti's mama took her to Barabanki and left her with Ramu asking her to marry Ramu. Ramu took her to Rishikesh where she lived with him for 7 days and made physical relations also. 5. Initially the victim declined to undergo medico-legal examination but thereafter, her medico-legal examination was conducted in which no mark of injury or sign of use of force was found. 6. In the statement of the victim recorded under Section 183 BNSS, she reiterated her earlier version wherein she also stated that Ramu has told her that he had purchased the victim from Preeti's parents for Rs.20,000/-. 7. After investigation, the charge sheet has been submitted on 16.06.2025 against Ramu, Mahesh, Ram Kailash (applicant) and Munna. 8. 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. 9. Learned A.G.A. has opposed the bail application and he has submitted that information of the present application has been delivered to the complainant through police. He has further submitted that the allegations have been established during the investigation. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has stated in her statement's that Preeti's parents had handed her over to Preeti's mama but against all theses three persons, charge sheet has not been filed against Preeti's mother or Preeti's mama; the victim has stated that Ramu told her that Preeti's parents sold her away for Rs.20,000/- and although the similar allegations have been levelled against the applicant and his wife, the allegations levelled against his wife did not believe by the Investigating Officer yet the applicant has been made an accused although similar allegations have been levelled against him; that the applicant has no previous criminal history and he is languishing BAIL No. 8433 of 2025 2 in jail since 30.03.2025 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant -Ram Kailash Giri 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. September 9, 2025 S. Shivhare BAIL No. 8433 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench