Neutral Citation No. - 2025:AHC-LKO:26328 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 902 of 2025 Applicant :- Kamal Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dhirendra Pratap Singh, learned counsel for the applicant, Sri Diwakar Singh, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 271 of 2024, under Sections 323/504/506/363/366/376 I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Jayas, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.11.2024 against the applicant and his brother Pradip Kumar on the basis of an application under Section 173 (4) BNSS stating that the applicant is related to the informant and he had enticed away the informant's minor daughter about 3 years ago. The accused persons turned the informant's daughter out of their home about two months ago. 4. In the statement of the informant recorded under Section 180 BNSS she stated that the applicant had taken her away about four years and nine months ago. She has gone with the applicant out of her own freewill and she has married him. As per the educational documents the date of birth of the victim is 14.04.2004. 5. In the statement of the victim recorded under Section 183 BNSS she had stated that she loved the applicant and she had gone with him out of her own freewill and she has married him. 6. As per medico legal examination report the age of the victim has been opined to be about 18 years and no mark of injury or sign of use of force has been found on her body. 7. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The State has filed a counter affidavit annexing therewith copies of relevant material collected during investigation and copy of a charge sheet dated 08.12.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has lived with the applicant with mutual consent for years together and the F.I.R. has been lodged after their relations turned sour; that the applicant has no previous criminal history and he is languishing in jail since 06.12.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Kamal Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 6.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench