Neutral Citation No. - 2025:AHC-LKO:15772 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11175 of 2024 Applicant :- Dileep Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Sudhakar Mishra,Vivek Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vivek Tiwari, learned counsel for the applicant, Sri Anurag Verma, learned A.G.A.-I 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. 0096 of 2024, under Sections 87, 137(2), 64 of BNS and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Piparpur, District Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.08.2024 alleging that the applicant who is the son-in-law of the informant, had enticed away the informant's younger sister aged about 16 years. Prior to it the applicant was living in the informant's house for four months. The informant repetitively asked the informant to return her daughter, but he did not do so. 4. In the statement of the victim recorded under Section 180 BNSS as well as in her statement under Section 183 BNSS she stated that she has married the applicant and lived with him as his wife. As per the educational document the date of birth of victim is 30.01.2007. The victim declined to undergo the medico legal examination. As per the radiological examination report victim's age has been opined to be 17 years. 5. 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. 6. The State has filed a counter affidavit annexing therewith a copy of statements recorded during investigation and a copy of charge sheet dated 11.09.2024. The applicant's wife has stated that due to some dispute with the family members, the applicant was residing with her in her parents house and he enticed away her younger sister. The applicant has two children. The informant repetitively asked the applicant to return with younger sister of his wife but he was living with her younger sister as husband and wife. 7. The learned A.G.A.-I has vehemently opposed the prayer for bail and he has submitted that the applicant is in relationship with a minor victim and his conduct amounts to betrayal of faith reposed in him. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that that the victim is sister in law of the applicant and he was living in the house of his wife's parents for the past four months; that the victim has not leveled any allegation against the applicant; that the applicant has no previous criminal history and he is languishing in jail since 09.09.2024 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-Dileep 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 :- 18.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench