Neutral Citation No. - 2025:AHC-LKO:14235 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11837 of 2024 Applicant :- Shivansh @ Monu Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others Counsel for Applicant :- Devendra Kumar Singh,Anubhav Yadav,Devendra Kumar Singh,Narayan Datt Tiwari,Ratan Gupta,Sheo Prakash Singh,Smt. Usha Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sheo Prakash Singh, learned counsel for the applicant, Ms. Rafiya Farooqui, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 119/2024, under Sections 363, 366, 376 IPC & 3/4 POCSO Act, Police Station Maheshganj, District Pratapgarh. 3.The aforesaid case has been registered on the basis of F.I.R. lodged on 20.06.2024 against the applicant and one Deepak Yadav, stating that the applicant had enticed away the informant's daughter aged about 16 years on 17.06.2024, with the help of the co-accused Deepak Yadav. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she is aged 17 years, she had gone away on her own as she was angry from her parents. She did not mention the name of the applicant in her statement. In the statement of the victim recorded under Section 164 Cr.P.C., she stated that she used to talk to the applicant for the past 8-9 months. She had gone away with her friend Neetu to Delhi and thereafter to Ludhiana where both of them lived with the applicant in a room for 5 days. Upon coming to know about the FIR, the applicant sent her back. 5. In the medico legal examination report of the victim, no mark of injury or sing of use of force was found. Age of the victim has been opined to be 17 years. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he is languishing in jail since 19.09.2024. 7. The State has filed a counter affidavit annexing therewith the material collected during investigation as well as a copy of a charge sheet dated 06.11.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim showing that she was in a relationship with the applicant and also keeping in view the fact that the applicant is a young man aged 19 years having no criminal history and when persons of young age are in affectionate relationships, it cannot be expected that a person would be able to know the exact age of the other partner, I am of the view that the applicant is entitled to be released on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Shivansh @ Monu Pandey 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 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench