Neutral Citation No. - 2025:AHC-LKO:5807 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 864 of 2025 Applicant :- Mo. Zeeshan Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 4 Others Counsel for Applicant :- Nishant Srivastava Counsel for Opposite Party :- G.A.,Vivek Kumar Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Nishant Srivastava, learned counsel for the applicant, Sri Shani Pratap Singh, learned A.G.A. for the State and Sri Vivek Kumar Singh, Advocate who has filed 'Vakalatnama' for the complainant / informant and the prosecutrix, same is taken on record. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 4.12.2024 in Case Crime No. 0703 of 2024, u/s 64(1), 115(2), 351(2) BNS & 5/6 POCSO Act, P.S. Madiyaon, District Lucknow. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged. 3. At the very outset the learned counsel for the parties have informed that the prosecutrix and the informant, both are present in Court. 4. Learned counsel for the applicant has stated that the applicant is in affairs with the prosecutrix and since the prosecutrix has become major now as presently she is 18 years and six months old, therefore, the applicant is willing to get married with her. Learned counsel has stated that this fact may be verified from the parties who are present in the Court. The prosecutrix has informed that she is a major girl and her date of birth is 1.1.2006. She is in affairs with the applicant and she is willing to get married with the applicant. The mother of the prosecutrix who is informant has also stated that she is agreeable on such marriage and she will arrange marriage of her daughter at the earliest with the present applicant Zeeshan. 5. Therefore, the learned counsel for the applicant has stated that since the present applicant who is a major boy is willing to get married with the prosecutrix. The prosecutrix has also attained the marriageable age and their family members are agreeable on such marriage, so the present applicant may be enlarged on bail.The applicant has no prior criminal history of any kind whatsoever. 6. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 7. Learned A.G.A. opposed the prayer for bail and submitted that the charge-sheet has been filed in this case but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 8. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., considered the statement of the parties who are present before the Court, since the applicant is ready to get married with the prosecutrix, the prosecutrix is also ready to get married with the applicant, her mother / informant is also agreeable on such marriage, applicant has no prior criminal history of any kind whatsoever and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 9. Bail application is allowed. 10. Let the applicant Mo. Zeeshan, involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:- . (i) As soon as the present applicant comes out from jail he shall get married with the prosecutrix within a period of one and half months. Thereafter the applicant shall get his marriage registered before the marriage registering authority at the earliest. Thereafter, both shall live together as husband and wife. The applicant shall look after the prosecutrix properly and shall provide all necessary means which are required to any person. (ii) The applicant shall file an undertaking to the effect that he / she shall not seek any adjournment on the dates 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. (iii) 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 / her under Section 269 of the B.N.S., 2023. (iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of 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 / her in accordance with law. 11. It is made clear that if any of aforesaid conditions are flouted / violated by the applicant, the prosecutrix or her counsel may file an application for cancellation of bail order . (Rajesh Singh Chauhan, J.) Order Date :- 28.1.2025/Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench