Neutral Citation No. - 2025:AHC-LKO:29157 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12192 of 2024 Applicant :- Omkar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Lalla Ji Maurya,Ayush Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Lalla Ji Maurya, the learned counsel for the applicant, Sri 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. 0147 of 2024, under Sections 363, 366, 376(3) IPC & 5J(ii)/6 of Protection of Children from Sexual Offences Act, Police Station Nighasan, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.05.2024 against five persons, including the applicant, stating that the applicant had enticed away the informant's daughter aged 16 years on 21.05.2024. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she had come to Lucknow of her own and thereafter she called the applicant and stayed with him as his wife. She stated that she has three months' pregnancy due to her relationship with the applicant. 5. The victim gave a similar statement before the doctor in her medico legal examination. Medico legal examination report indicates no mark of injury of sign of use of force. 6. In the statement of the victim recorded under Section 164 Cr.P.C., she stated that she knows the applicant for the past two months, the applicant had taken her away to Delhi on 20.05.2024 where she stayed with him for 20 days during which the applicant forced himself. She sated that she was having three months' pregnancy. 7. The investigating officer has submitted a charge sheet on 24.07.2024, a copy whereof has been annexed with the bail application. 8. The Sate has filed a counter affidavit opposing the bail application. 9. 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. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the statement victim recorded under Section 161 Cr.P.C., the victim has not levelled any allegation against the applicant; in her statement recorded under Section 164 Cr.P.C., she stated that she knows the applicant merely for the past two months whereas she was having pregnancy of three months; that the applicant is a young man aged 22 years having no criminal history, he is languishing in jail since 23.07.2024 whereas 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Omkar 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. Order Date :- 16.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench