Neutral Citation No. - 2025:AHC-LKO:35460 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5178 of 2025 Applicant :- Salman Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Learned A.G.A informed this court that the notice of information has already been given to the complainant but no one has put in appearance before this court and, therefore, this Court proceeds to examine the bail application with the assistance of learned counsel for the applicant and learned A.G.A for the State. 2. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.16 of 2025, under Sections 420, 467, 468, 471 I.P.C., Police Station- Kotwali Bhinga District- Shravasti. 4. Learned counsel for the applicant submits that the applicant is an innocent person, has been falsely implicated in the present case and he is in jail since 02.05.2025. The F.I.R of case in question was lodged by the mother of the victim, in which she stated that on 11.03.2025 at about 11 PM in the night, her daughter was missing. He further submits that the victim left her house on her own and went to the applicant. Thereafter, they visited the house of the applicant's sister and stayed there for one night. Thereafter, they went to Balapur and stayed there. Later on, when they were coming back, on their way, they were intercepted by the police and the victim was recovered from the applicant. He further submits that the statements of the victim was recorded under Sections 180 and 183 B.N.S.S, in which, she categorically stated that on the date of incident, she left her house out of her own free will and joined the company of the applicant. She also stated that she has not made any physical relations with the applicant at the previous night and she is willing to enter into the marriage with him. He further submits that the Investigating Officer submitted charge sheet in the most mechanical manner without considering the statements of the victim recorded under Sections 180 and 183 B.N.S.S. The applicant is ready to cooperate in the trial, therefore in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. opposes the prayer for grant of bail to the applicant, but he does not dispute the fact that the victim has not supported the prosecution version in her statements recorded under Sections 180 and 183 B.N.S.S. 6. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents and the statements of the victim recorded under Sections 180 and 183 B.N.S.S., as the victim has not supported the prosecution version and she is willing to marry the applicant, therefore, I am of the view that the applicant is entitled to be released on bail. 7. Let the applicant- Salman, 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: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (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 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. (v) 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. (vi) 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.6.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench