HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9965 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.5 of 2023, under Section 376(DA) IPC and Section 5L/6 of POCSO Act read with Section 3(2)(V) of SC/ST Act, Police Station Khodare, District Gonda. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 16 years was enticed by the applicant and relationship were formed against her consent. 4. It is argued by the Counsel for the applicant that on account of physical relations, the victim became pregnant and born a child, whose DNA was matched with the applicant, however, the victim was married elsewhere. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the fact that the physical relations were formed for a substantial period of time and the applicant has suffered pre-trial detention of more than three years coupled with the fact that the applicant has no criminal antecedents and is in custody since 16.01.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, Versus Counsel for Applicant(s) : Amitesh Pratap Singh, Saurabh Singh, Upendra Kumar Singh Counsel for Opposite Party(s) : G.A. Kaleem Alias Mohd. Kaleem .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrett. Lko. And 3 Others .....Opposite Party(s) the bail application is allowed. 7. Let the applicant Kaleem Alias Mohd. Kaleem be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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. October 16, 2025 akverma BAIL No. 9965 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench