Neutral Citation No. - 2025:AHC-LKO:27531 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10901 of 2024 Applicant :- Cheenu @ Virendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Rahul Kumar,Alok Kumar Singh,Avinash Pandey Counsel for Opposite Party :- G.A.,Rajiva Dubey Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Alok Kumar Singh, the learned counsel for the applicant, Shri Diwakar Singh, the learned AGA 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. 526 of 2024, under Sections 137(2), 87, 65(1) B.N.S., 3/4(2) POCSO Act, 3(2)5 SC/ST Act, Police Station Kotwali Sadar, District Lakhimpur Kheri. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.07.2024 against three persons, including the applicant, stating that the applicant had enticed away the informant's daughter on 04.07.2024. 4. In the statement of the victim recorded under Sections 180 B.N.S.S. as also in her statement recorded under Section 183 B.N.S.S., she stated that she is aged 18 years, she knows the applicant for the past nine years and she loves him. The applicant had not enticed her away and she had gone with him out of her own free will and she has married him. 5. The medico legal examination report reveals no mark of injury or sign of use of force on her body. 6. The victim was not examined medically for ascertaining her age. However, as per educational certificates her date of birth is 01.07.2009. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years, he is innocent and he has been falsely implicated in the present case. 8. Print outs of numerous Instagram communication between the victim and the applicant have been annexed with the bail application which show that they were in a loving relationship. 9. The State has filed a counter affidavit opposing the bail application and copies of the material collected during investigation and a copy of the charge sheet dated 10.08.2024 has been annexed therewith. 10. he learned counsel for the informant has also filed a counter affidavit as well as supplementary counter affidavit. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statement of the victim wherein she has stated that she is aged 16 years and she had gone with the applicant out of her own free will and has married him; that the victim has denied her date of birth mentioned in the educational certificate and her medical examination has not been conducted for ascertaining her age; that numerous communications between the victim and the applicant indicate that they are in a loving relationship and that the applicant is a young man aged 23 years having no criminal history, he is languishing in jail since 10.07.2024 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. 12. Accordingly, this bail application stands allowed. 13. Let the applicant-Cheenu @ Virendra 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. . [Subhash Vidyarthi, J.] Order Date :- 9.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench