Neutral Citation No. - 2025:AHC-LKO:26509 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2319 of 2025 Applicant :- Israil Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dhananjai Kumar Tripathi Counsel for Opposite Party :- G.A. AND Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11778 of 2024 Applicant :- Israil Opposite Party :- State Of U.P. Thru. Secy. Home, Lucknow And 3 Others Counsel for Applicant :- Dhananjai Kumar Tripathi,Amit Kumar Verma,Devendra Verma,Nitin Verma,Tanupriya Counsel for Opposite Party :- G.A.,Shailendra Kumar Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Dhananjai Kumar Tripathi, learned counsel for the applicant, Shri Anurag Verma, learned A.G.A.-I for the State and perused the records. 2. The application bearing Crl. Misc. Bail Application No.11778 of 2024 has been filed seeking release of the applicant on bail in Case Crime No.414 of 2024 under Sections 137(2), 87, 64(1) of B.N.S. & Section 3/4 of P.O.C.S.O. Act registered at Police Station- Rupaidiha, District- Bahraich. After investigation, a charge-sheet was submitted on 06.11.2024 wherein the offence under Section 64(2)(M) of B.N.S. and Section 5(tha)/6 of P.O.C.S.O. Act were also added. Thereafter, the applicant has filed another bail application bearing Crl. Misc. Bail Application No.2319 of 2025 seeking release of the applicant on bail in Case Crime No.414 of 2024 under Sections 64(2)(M) of B.N.S. and Section 5(tha)/6 of P.O.C.S.O. Act registered at Police Station- Rupaidiha, District- Bahraich also. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.09.2024 against three persons, including the applicant, stating that the applicant had enticed away the informant's daughter in the night of 09.09.2024 and she had taken away some jewellery and Rs.2,00,000/- cash with her. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had herself gone with the applicant. Upon coming to know about the FIR, she was coming back but the police caught them. She categorically stated that the applicant has not committed any misdeed against her. 5. The victim declined to undergo medico-legal examination but as per the radiological examination report, the age of the victim is about 17- 18 years. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that the applicant had forcibly taken her away while the other family members were present in the house and they were sleeping. She came back out of her own free will four days thereafter. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 8. The State has filed a counter affidavit in response to the Crl. Misc. Bail Application No.11778 of 2024 annexing therewith the material collected during investigation and a copy of the charge-sheet submitted on 06.11.2024. However, no counter affidavit has been filed in response to the Crl. Misc. Bail Application No.2319 of 2025. 9. The learned A.G.A. has opposed the bail application and he has submitted that information of the present application has been delivered to the informant through police. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim recorded under Section 180 BNSS wherein she has categorically stated that the applicant has not committed any misdeed against her and that although she has alleged that the applicant had forcibly taken her in the statement recorded under Section 183 BNSS, even in this statement she stated that she came back out of her own free will, coupled with the fact that the applicant is a young man having no criminal history, he is languishing in jail since 26.09.2024 whereas the investigation already stands concluded, 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 case. 11. Accordingly, both the bail applications stands allowed. 12. Let the applicant- Israil be released on bail in Case Crime No.414 of 2024 under Sections 137(2), 87, 64(1),64(2)(M) of B.N.S. & Section 3/4, 5(tha)/6 of P.O.C.S.O. Act registered at Police Station- Rupaidiha, District- Bahraich 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. . [Subhash Vidyarthi, J.] Order Date :- 6.5.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench