Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36077 of 2023 Applicant :- Lavlesh Narang Opposite Party :- State of U.P. Counsel for Applicant :- Mohd.Sartaz Ahmad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Mohd. Sartaz Ahmad Siddiqui, learned counsel for the applicant and Sri Shashi Kant Pandey, learned counsel for the State and perused the records. 3. This bail application under Section 439 of Code of Criminal Procedure/483 BNSS has been filed by the applicant Lavlesh Narang, seeking enlargement on bail during trial in connection with Case Crime No. 575 of 2020, under Sections 366, 368, 376 BNS and 3/4/5 Immoral Trafficking Prevention Act, registered at P.S. Koraon, District Prayagraj. 4. The F.I.R. of the matter was lodged on 13.11.2020 by Smt. Ramrati under Section 366 I.P.C. against the applicant Gorakh with the allegation that her daughter aged about 18 years has been lured and enticed away by the accused on 07.11.2020 at about 7:00 p.m. A report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is next submitted that the victim is a major girl. It is further submitted while placing some photographs and a certificate of marriage which are annexure 2 to the affidavit in support of the bail application that the victim has solemnized marriage with the applicant on 23.11.2020 as per Hindu Rites and Customs in Aray Samaj Mandir Adarsh Colony, Muzaffar Nagar. It is next submitted that the statement although of the victim was recorded under Sections 161 & 164 Cr.P.C. and further her supplementary statement under Section 161 Cr.P.C. was also recorded but in her statement under Section 161 Cr.P.C., she does not name the applicant. It is further submitted that subsequently in her statement under Section 164 Cr.P.C., she names the applicant which is an afterthought. It is further submitted by placing paragraph 21 of the affidavit that the applicant is not named in the first information report. It is further submitted by placing paragraph 19 of the affidavit that the applicant is having no criminal history. It is next submitted that the applicant is in jail since 26.02.2023. 6. Per contra, learned counsel for the State has opposed the prayer for bail and submitted that the present incident is such in which co- accused Gorak on a false pretext while giving some intoxicating substance to the victim took her from the district and sold her to the applicant who then forcibly married with her and also committed rape upon her. It is next submitted that the statement of the victim recorded under Sections 161 & 164 Cr.P.C. and also the supplementary statement of the victim recorded under Section 164 Cr.P.C. states of the victim being sold and rape being committed on her. It is next submitted that looking to the facts of the case and the nature of incident, the matter is serious in nature. It is further submitted that the prayer for bail is thus rejected. 7. After having heard the learned counsel for the parties and perusing the records, it is evident that the applicant is named in the statement of the victim recorded under Section 164 Cr.P.C. and also in her supplementary statement recorded under Section 161 Cr.P.C. In her first statement recorded under Section 161 Cr.P.C., she states that she was forcibly got married to a boy of Sonipat Haryana. Subsequently, she states of the applicant forcibly married her and committed rape upon her in Sonipat Haryana. Thus the implication of the applicant is there. Looking to the seriousness of the incident, the nature of the incident and the gravity of offence along with the version given by the victim, no case for bail is made out. The bail application is thus rejected. 8. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. Order Date :- 3.4.2025 Shivangi (Samit Gopal,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad