Neutral Citation No. - 2025:AHC-LKO:26758 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12641 of 2024 Applicant :- Prashant Maurya Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Prem Prakash Singh,Poonam Maurya,Shashank Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shashank Pandey, Advocate, holding brief of Ms. Poonam Maurya, the learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate- I 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.0082 of 2024, under Sections 376 and 506 I.P.C. and Section 3/4 POCSO Act, registered at Police Station Bhiti, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.04.2024 alleging that the informant is a 16 years old girl, in the year 2020 the applicant molested her and made physical relations with her. She also alleged that the applicant had videographed the incident and by threatening to spread the video amongst public, he kept on making physical relations with her. The applicant had taken the informant to Mumbai in April last year and kept her as his wife. She got pregnant thrice and on each occasion the applicant gave her medicines causing her miscarriage. In February, 2024, when the applicant was enticing away the informant's sister, she lodged the FIR. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 5. In the statement of the informant recorded under Section 161 CrPC, she reiterated the FIR versions. 6. The medico legal examination report of the victim does not contain any significant finding. 7. In the statement of the informant recorded under Section 164 CrPC also, she reiterated the FIR version. 8. Prior to lodging of the present FIR, FIR No. 0045 was lodged on 23.02.2024 under Sections 363 and 366 IPC read with section 16 and 17 POCSO Act at Police Station Bhiti, District Ambedkar Nagar, alleging that the applicant had enticed away the present informant's younger sister aged 14 years. 9. The applicant was granted bail in the aforesaid case by means of an order dated 02.04.2024 passed by the Special Judge, POCSO Act, Ambedkar Nagar. 10. The State has filed a counter affidavit annexing therewith the copies of the materials collected during investigation and a copy of the charge-sheet submitted on 28.06.2024, which is taken on record. 11. A copy of the high school certificate of the informant annexed with the counter affidavit mentions her date of birth as 10.05.2004. 12. A supplementary affidavit has been filed on behalf the applicant annexing therewith the copy of the statement of the victim recorded by the trial Court as PW-1, which is taken on record. Although she has reiterated the prosecution case in her examination in chief, in her cross-examination she resiled from all the allegations. 13. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR alleges that the applicant was sexually exploiting the informant since the year 2020 and he had taken her away to Mumbai in April last year, the FIR was lodged only after the applicant was granted bail in FIR No.0045 of 2024, alleging that the applicant had enticed away the informant's younger sister; that the allegations are not supported by the findings of the medico legal examination report; that the victim herself has resiled from all the allegations in her cross-examination before the trial Court, 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. 14. Accordingly, this bail application stands allowed. 15. Let the applicant- Prashant Maurya 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 :- 7.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench