HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11684 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Dr. Manish Kumar and perused the record. 2. The applicant seeks enlargement on bail in FIR No.294 of 2024, under Section 376(3), 506 IPC, Section 3(2)5 of SC/ST Act and Section 5/6 of POCSO Act, P.S. Shivgarh, District Raebareli. 3. In terms of the FIR it was alleged that on 14.08.2024 daughter of the informant informed that she was pregnant and later on she informed that when she went to the agricultural field, one lady who is the co-accused made her talk to the applicant on mobile and thereafter, they talked on 5 to 6 occasions and one day, she was enticed and wrong was committed. FIR was lodged on 14.08.2024. Statement of the victim was recorded under Section 183 BNSS wherein the victim stated that the co-accused had made the victim and the applicant talk on telephone and thereafter, she was taken to Jungle and wrong was committed. She also stated that the wrong was committed on three days continuously. In the statement under Section 180 BNSS, the victim stated that she started talking with the applicant. FSL report on record corroborates that the fetus of the child belongs to the applicant. 4. In the light of the said, learned counsel for the applicant argues that in terms of the statement under Section 180 and 183 BNSS, prima-facie, the Versus Counsel for Applicant(s) : Srees Kumar Srivastava, Amit Tewari Counsel for Opposite Party(s) : G.A., Bhupendra Prakash, Manish Kumar, Shabnam Khan, Shailesh Kumar Baranwal Ikran Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko And 3 Others .....Opposite Party(s) consent is implicit. My attention is also drawn to the medical on record which indicates tentative age of the victim to be 16 to 18 years. It is also now informed that the fetus has been aborted with the directions from this Court. It is lastly argued that the trial has not even started and not even one witness has been examined and the applicant is in custody since 14.08.2024 having no criminal antecedents. 5. Learned AGA has opposed the bail application. 6. Considering the statements made at the Bar and the opposition of the informant, prima-facie, FSL does corroborates the relations being formed in between the applicant and the victim, however, it cannot be denied that the tentative age of the victim is around 16 to 18 years and the relations were formed on more than 1 occasion as per the statement, thus, the implicit consent cannot be ruled out at this stage. As such, considering the fact that the applicant has suffered pre-trial detention of almost 1 & 1/2 years and has no criminal antecedents, he is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Ikran Ali be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. Trial Court is directed to expedite the trial. November 20, 2025 nishant BAIL No. 11684 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench