Neutral Citation No. - 2025:AHC:38528 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5845 of 2025 Applicant :- Paras Mani Opposite Party :- State of U.P. Counsel for Applicant :- Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sudhanshu Kumar Singh, learned counsel for the applicant and Sri Ajay Singh, learned AGA-I for the State and perused the record. 3. The present bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant Paras Mani, seeking enlargement on bail during trial in connection with Case Crime No. 23 of 2025, under Sections 64, 134, 352, 115(2) B.N.S.S., Police Station Sirsaganj, District Firozabad. 4. The F.I.R. of the matter was lodged on 15.01.2025 by the victim herself against the applicant and three other persons. The applicant was previously known to her/victim and is alleged to be establishing physical relation since the last one year. It is also alleged that he had some objectionable photos of the informant in his mobile, which he was not deleting. On objection, she was assaulted and injured by the applicant and other persons and then accused persons after assaulting her fled away from the place of occurrence. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the victim is major woman aged about 25 years. It is submitted that the victim was having a consensual relationship with the applicant as is evident from the fact that she was having physical relationship with him since the last one year. It is submitted while placing paragraph 17 of the affidavit that there is no external and internal injury found on the body of the victim. It is submitted that subsequently, the victim lodged the first information report with totally false and incorrect allegations. It is submitted that the applicant has no criminal history as stated in para 23 of the affidavit and is in jail since 15.01.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the averments made in paragraph 17 of the affidavit. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the victim is major woman and she was having relationship since the last one year with the applicant and had indulged in physical relationship with him. Subsequently, the present first information report was lodged. 8. 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. 9. Let the applicant Paras Mani 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 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.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.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. 10. 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. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 18.3.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad