Neutral Citation No. - 2025:AHC-LKO:28442 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4161 of 2025 Applicant :- Jibran Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Dharmendra Kumar Misra,Jyoti Tripathi,Shashin Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharmendra Kumar Mishra, 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. 0292 of 2024, under Sections 333, 137(2), 142, 64 B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Achalganj, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.09.2024 against the applicant only stating that the applicant along with 7-8 companions came to the informant's house at about 10.30 p.m. on 13.09.2024 and forcibly took away the informant's sister with him. In the statement of the victim recorded under Section 180 BNSS she state that she is aged about 16 years, she knows the applicant for the past seven years as both of them studied in the same school. On 12.09.2024 she had met with the applicant at a dargah at Raebareli where she stayed for two days and from there both of them went to the house of applicant's friend Mushir, where the applicant made relations with her. She further stated that she has married the applicant and she has not converted her religion. 4. The medico legal examination report of the victim mentions no mark of injury or sign of use of force. 5. In the statement of the victim recorded under Section 183 BNSS also she stated that she loves the applicant and wanted to marry him. She further stated that she had gone away from her home due to her own freewill as her family members were beating her. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 18 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 08.11.2024. He has submitted that the victim is a minor and the allegation that the applicant has forcibly took her away from her home along with 7-8 other persons is serious in nature and the applicant is not entitled to be released on bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the F.I.R. alleges that the applicant and 7-8 other persons had taken away the informant's sister, those 7-8 persons have not been made accused in the F.I.R.; that in none of her statements the victim has levelled any allegation against the applicant and the medico legal examination report mentions no mark of injury or sign of use of force; that although the victim has not reached the age of majority the applicant is also a young man who has barely attained the majority and when young persons are in love, it cannot be said that they know each others age from their mere appearances; that the applicant is a young man having previous criminal history and he is languishing in jail since 17.09.2024 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Jibran 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 :- 15.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench