Neutral Citation No. - 2025:AHC-LKO:25193 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11118 of 2024 Applicant :- Mohd. Shebu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Applicant :- Jay Krishna Shukla Counsel for Opposite Party :- G.A.,Ashok Kumar Srivastava,Avinash Srivastava Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Jay Krishna Shukla, learned counsel for the applicant, Shri Alok Kumar Tiwari, learned A.G.A. for the State, Shri Ashok Kumar Srivastava, 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.269 of 2024 under Sections 333, 75, 352, 351(2), 64, 88 of B.N.S., Section 3/4 of P.O.C.S.O. Act registered at Police Station- Kotwali Dehal, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.08.2024 against the applicant and his brother Anwar, stating that while the informant's daughter aged 19 years was alone at her home, the applicant entered his house and molested her daughter. By the time the informant could reach the home, the applicant ran away. His daughter told that she had been molested and the applicant had entered her home finding her alone whereupon the informant ran and caught the applicant. The applicant's brother co-accused Anwar came there, hurled abuses and set the applicant free. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 19 years, she used to talk to the applicant for the past one year and under allurement of marrying her, the applicant made physical relations with her at 6-7 occasions. She got pregnant on one occasion whereupon the applicant gave her some medicine. When she fell sick, her family members came to know about it. The applicant had came to her house at about 08:30 PM on 04.08.2024 when no other person was there except her niece aged 9 years. She saw the applicant coming there, shut the door and told the informant through phone. The victim's father and a friend of her brother came home and they caught hold of the applicant. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. The urine test for pregnancy was negative and no spermatozoa has been found in pathological examination of her vaginal smear slide. The radio- logical age of the victim has been opined to be 19 years. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she knows the applicant for the past one year and she loves him and had made physical relations with him on 6-7 occasions. 7. 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. 8. The State has filed a counter affidavit annexing therewith the material collected during investigation and a charge-sheet dated 31.08.2024.. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim is aged 19 years, she has stated that she was in a relationship with the applicant for the past one year, she love him and she had repetitively made physical relations with him with mutual consent; apparently, the FIR has been lodged when the applicant was seen in the informant's house by the victims niece whereupon the relationship of the victim and the applicant came in knowledge of the family members and that the applicant has no criminal history and he is languishing in jail since 23.08.2024 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Mohd. Shebu 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 :- 1.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench