Neutral Citation No. - 2025:AHC:62121 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36017 of 2024 Applicant :- Aman Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anju Pandey,Mithilesh Kumar Gupta Counsel for Opposite Party :- G.A.,Yatindra Kumar Dubey Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mithilesh Kumar Gupta, learned counsel for the applicant, Sri Yatindra Kumar Dubey, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.99 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and 5L/6 POCSO Act, Police Station- Sadat, District- Ghazipur, during the pendency of trial. 4. The Co-ordinate Bench of this Court vide order dated 12.11.2024 had passed the following order:- "1. Heard learned counsel for the applicant, learned AGA for the State, Mr. Yatindra Kumar Dubey, learned counsel for the informant and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.99 of 2024, under Sections 137(2), 87, 65 (1) of Bhartiya Nyaya Sanhita, 2023 and Section 5L/6 POCSO Act, Police Station Sadat, District Ghazipur. 3. Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. As per primary school certificate, the date of birth of the victim is shown as 18.09.2007 meaning thereby the victim was aged about 17 years at the time of alleged incident whereas as per medical report, the victim is 18 years. Further submission is that the victim in her statement has stated that she is having love affair with the applicant and have made physical relation with the applicant and wants to solemnize marriage with him. The applicant is languishing in jail since 14.08.2024. 4. During arguments, upon query made by this Court whether applicant is ready to solemnize marriage with the victim, learned counsel for the applicant submitted that the applicant is ready to solemnize marriage with the victim, if the victim is ready. In this regard, learned counsel for the informant has no objection. 5. Accordingly, the applicant is directed to solemnize marriage with the victim if she is ready and thereafter get the marriage registered just immediately after release from jail and produce the same on the next date. 6. Put-up again as fresh on 10th December, 2024. On which date, the applicant and the victim shall appear in person before this Court. 7. Till the next date of listing, the applicant-Aman Chauhan, involved in the aforesaid crime be released on interim bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that : (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229- A IPC. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law." 5. Learned counsel for the applicant has stated that the applicant has complied with the aforesaid order of this Court and has married the victim and both are living happily with each other. The instant case is misuse of process of Court. There is no criminal history of the applicant. 6. Learned counsel for the informant has not disputed the said fact. Learned A.G.A. has also no objection. 7. Under these circumstances, the earlier order of this Court dated 12.11.2024 is made absolute. 8. Let the applicant- Aman Chauhan, who is involved in aforementioned case crime, be released on regular bail on already furnished personal bond and sureties with the conditions of earlier order of this Court dated 12.11.2024. 9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 23.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad