Neutral Citation No. - 2025:AHC-LKO:14264 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11651 of 2024 Applicant :- Babloo Alias Naseer Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Ambica Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Ambica Tripathi, learned counsel for the applicant and Shri Arun Kumar Verma, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.147 of 2024, under Sections 363, 366, 376D IPC, Section 5(g)/6 POCSO Act and Section 3(2)(v), 3 (2)(va) of the SC/ST Act, Police Station Lonar, District Hardoi. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 27.05.2024 against the applicant, his two brothers and an unknown contractor alleging that the applicant had enticed away the informant's daughter aged about 15 years on 23.05.2024. 4. In the statement recorded under Section 161 Cr.P.C. the victim has stated that she is aged about 17 years. She had developed a friendship with the applicant and she had gone with him. In the statement recorded under Section 164 Cr.P.C. she alleged that the applicant and co-accused had forcibly taken her away and they have committed misdeed with her for 10-15 days. The medico-legal examination report mentions no mark of external injury on any part of the body. However, no definite opinion about sexual assault has been given. Samples were taken for pathological examination to ascertain presence of spermatozoa, but report thereof has not been annexed with the counter affidavit and no mention in this regard has been made. 5. As per the educational certificate, the date of birth of the victim is 20.07.2006 and on the date of the incident the victim was aged 17 years 10 months and 3 days. 6. 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. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the initial statement of the victim she stated that she was in friendship with the applicant; that the victim is a young girl falling marginally lower than the age of the majority and the applicant is also a young man; that generally it is seen that when young persons are in love, it is difficult to ascertain the exact age of either of the party; and the applicant has no criminal history and is in jail since 15.06.2024, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant Babloo Alias Naseer 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 :- 7.3.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench