Neutral Citation No. - 2025:AHC-LKO:25541 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12904 of 2024 Applicant :- Mohit Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Satyendra Kumar Tiwari,Akhilesh Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Satyendra Kumar Tiwari, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate 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. 87 of 2024, under Sections 363, 376(3) I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Gurubuxganj, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.02.2024 stating that the informant's daughter had gone to get her mobile phone repaired at about 11.00 a.m. on 04.02.2024, but she did not come back. 4. In the statement of the victim recorded under Section 161 Cr.P.C. she has stated that she came into contact with the applicant about eight months ago and a loving relationship has developed between them. She expressed her desire to marry the applicant before her father, but her father did not agree for it and therefore she had gone away with the applicant. 5. The victim declined to undergo medico legal examination. However, he age has been opined to be about 16 years as per radiological examination report. As per the educational certificate the date of birth of the victim is 09.02.2009. 6. In the statement of the victim recorded under Section 164 Cr.P.C. she reiterated her earlier version and she further stated that her father was getting her married to some other person and she loved the applicant as such she had gone with him and stayed with him for five months. She stated that her real age is 19 years. The victim categorically stated that the applicant has not committed any misdeed against her. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 19 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The State has filed a counter affidavit annexing therewith the copies of relevant materials collected during investigation and a copy of charge sheet dated 03.07.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has not levelled any allegation against the applicant; that the applicant is a young man having no previous criminal history and he is languishing in jail since 30.06.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Mohit 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 :- 2.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench