Neutral Citation No. - 2025:AHC:66558 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37656 of 2024 Applicant :- Saif Ali Opposite Party :- State of U.P. Counsel for Applicant :- Farhan Khan,Matiur Rehman Khan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Farhan Khan, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 409 of 2024, under Sections 69, 351(1) of BNS, Police Station - Kotwali, District - Ballia, during the pendency of trial. 4. Admittedly, the applicant was granted interim bail by the coordinate Bench of this Court vide order dated 07.11.2024 and the following order was passed :- "1. Heard Sri Farhan Khan, learned counsel for the applicant as well as learned A.G.A for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.409 of 2024, under Sections 69, 351(1) B.N.S.S., Police Station- Kotwali, District- Ballia with the prayer to enlarge him on bail. 3. As per prosecution story, the mother of the applicant as well as victim's mother is real sister and victim as well as applicant have fell in love with the applicant. The victim is post graduate aged about 26 years. 4. The submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case. He submits that the applicant and the victim has solemnized marriage in a Mosque and applicant is ready to apply for online registration of marriage. He submits that the applicant is languishing in jail since 02.09.2024 having no criminal history. 5. Considering the facts and circumstances of the case, let the applicant- Saif Ali, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (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. (v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant. 5. List this case on 10.12.2024 as fresh. On that day, the applicant and victim are directed to appear before this Court in person." 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has not misused the liberty granted to him and after his best efforts, the marriage could not be solemnized. The informant and her family members are not ready to marry the victim with him. The victim is major aged about 26 years old. It is also stated that the applicant pursuant to the order dated 17.12.2024 passed by the coordinate Bench of this Court, has surrendered and went to jail again. There is no criminal history of the applicant. The applicant is languishing in jail since 02.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the fact that as per FIR version, the marriage of the applicant and the victim was fixed and meanwhile, corporeal relationship has been established between the two coupled by the fact that the victim is major, I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Saif Ali, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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:- 29.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad