Neutral Citation No. - 2025:AHC:38296 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5836 of 2025 Applicant :- Mahesh @ Aryan Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Devesh Kumar Sharma, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 B.N.S.S has been filed by the applicant-Mahesh @ Aryan, seeking enlargement on bail during trial in connection with Case Crime No.757 of 2024, under Sections 87, 64 (1) B.N.S., registered at Police Station Baraut, District Baghpat. 4. The FIR of the matter was lodged on 8.11.2024 by Jahid Chaudhary against unknown person alleging therein that his daughter went to Omans library for study on 7.11.2024 at about 11.30 a.m. but she did not return back till 6.30 p.m. She has a mobile phone which was switched off. She was searched a lot but could not be traced. No information about her whereabouts could be given. She is aged about 19 years. The FIR be thus lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim was subsequently recovered and her statement under Section 180 of B.N.S.S was recorded wherein she states of coming with the applicant in friendship through electronic media and then going with him to various places through various modes and staying with him continuously. It is argued that the said act of the victim was without any objection or resistance. The only grievance of the victim as stated by her in her said statement is that the applicant was a married man which was concealed by him and despite the fact that he was having children, he concealed it with her and physical relationship was established with her by speaking lie. The same would go to show that the victim was a consenting party. It is argued that even in the statement of the victim recorded under Section 183 B.N.S.S., she reiterates the same. It is argued that the victim as per FIR itself was a major girl. It is argued that the victim went with the applicant out of her own sweet-will and travelled to various places with consent. It has also been pointed out that the applicant is not having any criminal history as stated in para 42 of the affidavit. The applicant is in jail since 3.12.2024. 6. Per contra learned counsel for the State opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that as per the FIR, the victim is aged about 19 years and is a major. She travelled with the applicant to various places with consent and stayed with him but later on discovering that he spoke a lie to her, she became angry. 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-Mahesh @ Aryan, 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 (s) will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant (s) 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 (s) shall file an undertaking to the effect that he/they 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 (s) will not misuse the liberty of bail in any manner whatsoever. In case, the applicant (s) misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023, may be issued and if applicant (s) fails/fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under section 209 BNS, 2023. (v) The applicant (s) 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 BNSS, 2023. If in the opinion of the trial court absence of the applicant (s) 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/them in accordance with law and the trial court may proceed against him/them under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant (s). 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 (s) to prison. 11. The bail application is allowed. (Samit Gopal, J.) Order Date :- 18.3.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad