Neutral Citation No. - 2025:AHC-LKO:29065 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12235 of 2024 Applicant :- Irshad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 3 Others Counsel for Applicant :- Rama Kant Giri,Lavlesh Giri Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rama Kant Giri, the learned counsel for the applicant as well as Sri Satyendra Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 230 of 2024, under Sections 363, 366, 376(2)N, 506 I.P.C. and Section 5THa/6 of Protection of Children from Sexual Offences (POCSO) Act, registered at Police Station Gomti Nagar, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 31.05.2024 against the applicant and another person Shahid, stating that the accused persons used to tease and molest the informant's minor daughter and they used to allured her to convert her religion, but in this regard Case Crime No. 156 of 2023 was lodged, in which the statement of the informant's daughter has already been recorded. The accused persons kidnapped the informant's daughter on 30.05.2024. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she is in a relationship with the applicant for the past considerable period of time. She had gone away from her home for marrying the applicant but due to the FIR lodged by her family members, the applicant was sent to jail. When he was released on bail, she again started taking to the applicant but her family members did not agree for her marriage with the applicant because of the differences in their religion. For this reason, the applicant had again taken her away and she stated that she wants to live with the applicant only. 5. The victim declined to under go medico legal examination. 6. In the statement of the victim recorded under Section 164 Cr.P.C., she stated that the applicant had taken her away after threatening her but she did not reveal any allegation of commission of any misdeed against the applicant. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. 8. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet dated 11.07.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim had previously also gone away with the applicant regarding which a criminal case is going on and yet in her statement under Section 161Cr.P.C, she stated that after release of the applicant from jail, she had again gone away with him out of her own free will; although subsequently she has stated that the applicant had taken her away by threatening her, she did not level any commission of misdeed against the applicant; and that the victim has declined to undergo medical legal examination and that the applicant is languishing in jail since 02.06.2024 whereas the investigation 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Irshad be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 16.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench