Neutral Citation No. - 2025:AHC-LKO:17267 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12851 of 2024 Applicant :- Mohd. Kaif @ Kaish Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Of Home Lko. And 4 Others Counsel for Applicant :- Ankit Tripathi,Varsha Tripathi Counsel for Opposite Party :- G.A.,Shrawan Kumar,Vijay Kumar Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ankit Tripathi, the learned counsel for the applicant, Sri Arvind Kumar Pandey, learned A.G.A. for the State, Sri Ramesh Kumar Srivastava, Advocate holding brief of Sri Shrawan Kumar learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 479 of 2024, under Section 64(1), 87 & 137(2) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Biswan, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.10.2024 alleging that the informant's daughter aged about 16 years had gone away from her home on 24.10.2024. She had taken away some clothes and 2.5 lac rupees also with her. In the statement of the victim recorded under Section 180 BNSS, she stated that the applicant used to work in tailoring shop of her uncle and she used to talk to him. Thereafter, the applicant had left working in the shop and had gone to Gujarat but he continued to be in touch with the victim. Upon coming to know about this fact the victim's mother had scolded her. When she told it to the applicant, he asked her to come to him and stated that he would marry her. Upon this the victim was going to Gujarat. She met the applicant on the way, both of them went to Ajmer and married each other. She stated that she wants to live with the applicant. No mark of injury or sign of use of force has been reported in the medico legal examination. In the statement of the victim recorded under Section 183 BNSS she stated that she had gone to Ajmer and while the applicant was taking her back the police caught them. She stated that she wants to live with her parents. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a 19 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. 5. The State has filed a counter affidavit annexing therewith copy of materials collected during investigation as well as the copy of charge sheet submitted on 25.11.2024. The informant has also filed a counter affidavit opposing the bail application. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has stated that she was in a relationship with the applicant and had herself gone to meet him; that the applicant is a young man aged about 19 years having no previous criminal history and he is languishing in jail since 31.10.2024 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Mohd. Kaif @ Kaish 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 :- 26.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench