Neutral Citation No. - 2025:AHC:136771 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27306 of 2025 Applicant :- Akash Maurya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anjali,Pramod Kumar Singh Counsel for Opposite Party :- G.A.,Siddhartha Kumar Mishra Hon'ble Sanjay Kumar Singh,J. 1-Heard Ms. Sonali Maurya, learned counsel for the applicant, Sri Siddharths Kumar Mishra, learned counsel for the complainant and and Ms. Pratiksha Rai, learned brief holder appearing on behalf of the State. 2-By means of this bail application under Section 483 of B.N.S.S., applicant- Akash Maurya, who is involved in Case Crime No.69 of 2025, under Sections 87, 137(2) of B.N.S., 2023 and Section 16/17 of POCSO Act, Police Station Kurh Fatehgarh, District Sambhal seeks enlargement on bail during the pendency of trial. 3-Brief facts of the case, which are required to be stated are that the complainant, who is father of the victim got a first information report lodged on 22.04.2025 for the offence under Sections 87, 137(2) of B.N.S., 2023 against the applicant- Akash Murya making allegation inter-alia that on 21.04.2025 his daughter aged about 15 years was sleeping at home. When he waked up on 22.04.2025 at about 03:00 O' Clock, he found that his daughter was not there. Effort was made to trace her then one Amit of his village told him that his daughter was enticed away by applicant- Akash Yadav. 4-Main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in this case. As per ossification test report dated 04.06.2025, victim is aged about 17 years and she herself left her house without giving any information to anyone and had gone to Chandausi roadways bus stand, where the applicant met her, who used to come to her house and thereafter they went together Ghaziabad and solemnized their court marriage on 12.05.2025 and after getting their marriage registered, they have also preferred a Criminal Misc Writ Petition No.10368 of 2025, which was disposed of staying their arrest till submission of report under Section 183 BNSS vide order dated 21.05.2025. Thereafter, victim herself went to police station and produce the order dated 21.05.2025 passed by a Division Bench of this Court. Under the circumstances, her statement under Sections 180 & 183 of B.N.S.S., 2023 has been recorded, wherein she has disclosed her age about 19 years and also stated inter-alia that she was not enticed away by anyone but she herself left her house and she wants to live with applicant. It is also pointed out that earlier also victim on her own violation had gone with the applicant regarding which, F.I.R. was lodged as Case Crime No.132 of 2023, under Sections 363, 366, 376AB IPC and Section 5M/6P of POCSO Act, Police Station Kurh Fatehgarh, District Sambhal, in which the applicant has been released on bail vide order dated 27.04.2024 in Criminal Misc. Bail Application No.3735 of 2024. On the strength of aforesaid fact, lastly, it is submitted that it is not a case of forceful enticing away the victim, therefore, the applicant, who is languishing in jail since 06.06.2025 is entitled to be enlarged on bail. 5-On the other hand, learned Additional Government Advocate for the State and learned counsel for the complainant opposed the prayer for bail by contending that as per school leaving certificate of victim, she was minor on the day of incident but they could not dislodge the other submissions raised on behalf of the applicant as noted above. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that as per ossification test report, the victim is aged about 17 years. She has refused for her internal medical examination. She did not make any allegation of committing any misdeed against the applicant and she alongwith applicant voluntarily filed writ petition before this Court seeking protection as noted above. Hence, in the light of statement under Sections 180 & 183 of B.N.S.S. of victim, the applicant has made out a case for bail. Accordingly, the bail application is hereby allowed. 7-Let the applicant- Akash Maurya, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 8-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 12.8.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad