Neutral Citation No. - 2025:AHC:50916 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4509 of 2025 Applicant :- Anurag Kumar Alias Gullu Alias Basu Opposite Party :- State of U.P. Counsel for Applicant :- Kavita Mishra,Thakur Prasad Dubey Counsel for Opposite Party :- Ajay Kumar Bhatt,G.A.,Kripa Shanker Yadav Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Thakur Prasad Dubey, learned counsel for the applicant, Sri Kripa Shanker Yadav, learned counsel for the first informant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record. 3. Sri Kripa Shanker Yadav, learned counsel for the first informant submitted that he has filed his vakalatnama in the office on 17.2.2025. The same is not on the record. Office to trace it out and place it on the record and make a note about it in the order sheet. 4. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Anurag Kumar Alias Gullu Alias Basu, seeking enlargement on bail during trial in connection with Case Crime No. 364 of 2024, under Section(s) 376, 323, 506 I.P.C., registered at P.S. Tharwai, District Prayagraj. 5. A First Information Report of the matter was lodged on 21.12.2024 by the victim against the applicant and family members of the applicant alleging therein that she went to the house of her sister where she met the applicant and since then they started talking to each other. Subsequently they indulged in physical activities of which the applicant made video. When she refused, the applicant threatened her of making the video viral and continued to establish physical relationship with her. When she asked him to marry her, he started avoiding it. The family members of both side came to know of the relationship after which the parties indulged into mar-pit with each other and then marriage was denied. She and the applicant indulged in physical relationship for the last time on 21.6.2024 after which he went outside. The victim/information is aged about 22 years. A report be lodged and action be taken. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim is major girl aged about 22 years. It is submitted that the applicant lives in Surat and works in a private job and earns well, para-14 of the affidavit has been placed. It is further submitted that the victim was fascinated by the wealth of the applicant and wanted to marry him and when he refused to marry her, he has been falsely implicated in the present case, para-15 of the affidavit has been placed before the Court for the same. It is submitted that the F.I.R. has been lodged after an explained delay of about 06 months because as per the F.I.R. itself the last physical relationship between the victim and the applicant was established on 21.06.2024 but still the F.I.R. has been lodged on 21.12.2024 for which there is no plausible explanation. It is submitted that the applicant lives in Surat and doing a private job and earning his livelihood. It is argued that the applicant has no other criminal antecedents as stated in para-22 of the affidavit and he is in jail since 22.12.2024. 7. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail vehemently. Learned counsel for the first informant submitted that the applicant on false pretext of marriage, allured the victim and established physical relationship with her since long, but subsequently refused to marry her. It is submitted that she is still ready to marry the applicant. 8. After having heard learned counsels for the parties and perusing the record, it is evident that the victim is major aged about 22 years as per the F.I.R. itself. Both the victim and the applicant were known to each other since long and they were indulged in physical relationship. Subsequently the applicant refused to marry her. The F.I.R. is delayed by 06 months. 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- Anurag Kumar Alias Gullu Alias Basu, be released on bail in the aforesaid case crime number on 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) 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 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 I.P.C. (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 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 and the trial court may proceed against him under Section 229-A IPC. (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. (Samit Gopal,J.) Order Date :- 8.4.2025/Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad