Neutral Citation No. - 2025:AHC:50349 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2931 of 2025 Applicant :- Sayed Mohammad Saeed Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mansoor Ahmad,Shadab Beg Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Mansoor Ahmad, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on records. 3. Learned counsel for the State states that he has received instructions in the matter for which time was granted to him on 31.01.2025. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Sayed Mohammad Saeed, seeking enlargement on bail during trial in connection with Case Crime No. 273 of 2024, under Sections 69, 318(4), 316(2) B.NS. and 66 I.T. Act, Police Station Sector-20, Noida, District Gautam Budh Nagar. 5. The first information report of the present matter was lodged on 28.08.2024 by the victim / prosecutrix against the applicant alleging therein that she met the applicant through a dating app Bumble on 30.07.2023 after which the applicant took her into confidence and got Rs. 20 lakhs transferred online in his account. Later on she came to know that the applicant is a married man having children. He on a false pretext to marry entered in physical relationship with her. The first information report be lodged and action be taken. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim is aged about 46 years and is a major woman. It is submitted that the applicant has been falsely implicated in the present case without any credible evidence. It is further submitted that the applicant and the victim were having relationship with them since long but subsequently there was some confusion due to which the present first information report has been lodged. It is submitted that the applicant is aged about 42 years. It is submitted that the investigation in the matter has concluded and a charge-sheet has been submitted against the applicant on which the court concerned has taken cognizance vide order dated 23.10.2024 and as such there are no chances of the applicant tampering with the evidence. The applicant has no criminal history as stated in para 23 of the affidavit and is in jail since 29.08.2024. 7. Per contra, learned counsel for the State opposed the prayer for bail. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant and the victim were in relationship between each other. They became friends through a dating app. Subsequently the present first information report has been lodged. An application given by the victim to the police which is annexure-3 to the affidavit goes to show that they were in good relations but subsequently the relation became sour. 9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 10. Let the applicant- Sayed Mohammad Saeed, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of his family members and the other will be of a local person) each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 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 209 B.N.S., 2023. (v) 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 351 B.N.S.S., 2023. 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 and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 12. The bail application is allowed. 13. Pending application (s), if any, shall stand disposed of. Order Date :- 8.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad