HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33878 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Shri Jai Kishan Chaurasiya, learned A.G.A. has informed that notice has been served upon the first informant on 23.08.2025. Thus, notice to the first informant is deemed to be sufficient. 2. List revised. None appears for the first informant despite service of notice. 3. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 4. Learned counsel for the applicant submits that the F.I.R. was lodged by the informant against one Laxmi and one unknown person with the allegation that the unknown person had enticed away his minor daughter. Learned counsel further submits that when the victim was recovered her statement under Section 180 B.N.S.S. was recorded wherein she has stated that she is 17 and half years of age, her love relation was going on from the last three years, on the date of incident she called the applicant on mobile phone, thereafter, they went to Bareilly and solemnized marriage in a temple and stayed in a rented room as husband and wife, thus, she has not made any allegation of rape against the applicant. Learned counsel further submits that in her statement recorded under Section 183 B.N.S.S. the victim has stated same version of her earlier statement recorded under Section 180 B.N.S.S. and has also stated that she wants to live with her husband (applicant). The victim herself denied for her medical examination, thus, in absence of any medical proof of Versus Counsel for Applicant(s) : Pawankumar Dubey Counsel for Opposite Party(s) : G.A. Deepu Alias Deepak .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) rape it cannot be said that applicant has committed any rape upon the applicant. Learned counsel further submits that the Principal of the concerned school where the victim has studied has certified that as per scholar register the date of birth of the victim is 09.11.2007, thus she was more than 17 years of age at the time of alleged incident and taking benefit of two years the victim is major. Thus, it has been argued that since the victim has not made any allegation of rape against the applicant and it appears that victim is a consenting party, therefore, applicant has been falsely implicated in the case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 21.06.2025, with no criminal history. 5. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence, but he has not disputed the fact that as per scholar register the victim is more than 17 years of age and has not made any allegation of rape against the applicant. 6. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 7. Let the applicant-Deepu Alias Deepak, be enlarged on bail in Case Crime No. 131 of 2025, under Sections 137(2), 87, 64(1) of B.N.S. read with Section 5(j)(ii)/6 of Protection of Children From Sexual Offences Act and Section 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station- Jaswantnagar, District- Etawah, on executing a personal bond and furnishing two local sureties BAIL No. 33878 of 2025 2 each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 7, 2025 Mustaqeem. BAIL No. 33878 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad