1 Neutral Citation No. - 2025:AHC-LKO:24785 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11938 of 2024 Applicant :- Sachin Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Abhishek Kumar Counsel for Opposite Party :- G.A.,Dheerendra Kr. Agnihotri Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anoop Kumar Upadhyay, Advocate holding brief of Sri Abhishek Kumar, the learned counsel for the applicant, Sri Anurag Verma, the learned A.G.A.-I for the State and Sri Dheerendra Kumar Agnihotri, 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.249 of 2024, under Section 376(3), 313 I.P.C. and Section 5/6 Protection of Children from Sexual Offences Act, 2012, Police Station-Ghazipur, District-Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.06.2024 against the applicant stating that the applicant entangled the informant's 15 years old daughter in an affair, impregnated her and got her pregnancy aborted in some hospital on 14.06.2024. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she met the applicant on her birthday on 7th October, 2023 and the applicant started visiting her home in absence of her mother and they made physical relations with mutual consent on numerous occasions. When she got pregnant, she went to a hospital with the applicant and when the Ultrasound revealed a healthy fetus, 2 the victim and the applicant decided to marry each other and talked to their respective family members. The applicant's family members agreed for the marriage, but the victim's family members did not agree for it and, therefore, she had to get the pregnancy aborted in the hospital. For this reason, she could not go home for two days and her mother lodged the F.I.R. 5. During medico legal examination, the victim stated that she was with the applicant for the past four years and she stated that she wanted to marry the applicant, whereas her family members did not agree for it. 6. In the statement of the victim recorded under Section 164 Cr.P.C. she categorically stated that no force was used against her and nobody raped her. Whatever happened, happened with her consent. She stated that she wants to live with the applicant. 7. In the affidavit filed in support of the application, it has been stated that the applicant is innocent and has been falsely implicated in the present case and he has no criminal history and he is languishing in jail since 17.06.2024. 8. A Rejoinder Affidavit has been filed on behalf of the applicant annexing therewith a copy of the statement of the victim recorded by the trial court, wherein she has reiterated her earlier version and she has categorically stated that she loves the applicant and made physical relations with her consent. She further stated that her mother had accompanied her to the hospital for getting her pregnancy aborted and her mother did not agree for her marriage with the applicant. 9. The learned A.G.A. has filed the counter affidavit annexing therewith copies of the material collected during investigation and a 3 copy of the charge-sheet submitted on 09.08.2024. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid consistent statements of the victim coupled with the fact that the statement of the victim has already been recorded, if the applicant is released on bail, the applicant is not in a position to influence the victim, I am of the view that the applicant is entitled to be released on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Sachin Kumar Singh be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. [Subhash Vidyarthi,J.] Order Date :- 30.4.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench