Neutral Citation No. - 2025:AHC:53959 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5927 of 2025 Applicant :- Israil Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Krishna Kumar Singh, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I 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-Israil, seeking enlargement on bail during trial in connection with Case Crime No.445 of 2024, under Sections 69 B.N.S., 2023, registered at Police Station Kundarki, District Moradabad. 4. The FIR of the matter was lodged on 25.12.2024 under Section 137(2) BNS, 2023 by Ishaq against unknown person alleging therein that his daughter aged about 17 years had gone from the house and is not traceable. A FIR be 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 statements were recorded during investigation in which she told that she knew the applicant from before and on a false pretext of marriage, the applicant took her away. The matter was subsequently converted under Section 69 BNS, 2023. It is argued that the present case is a case of consent. It is further argued that the investigation in the matter has concluded and a charge sheet under Section 69 of BNS has been submitted against the applicant, para 16 of the affidavit filed in support of bail application has been placed before the Court. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 of the affidavit. The applicant is in jail since 26.1.2025. 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 the victim in her statements recorded during investigation has stated that she knew the applicant from before and on a false pretext of marriage, the applicant took her away. The FIR was lodged under Section 137(2) BNS but subsequently converted under Section 69 BNS. The applicant is not named in the FIR. The present case is a case of consent. Charge sheet in the matter has submitted as such there are no chances of the applicant tampering with evidence. 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-Israil, 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 BNSS, 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 BNS, 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 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 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. 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 :- 11.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad