Neutral Citation No. - 2025:AHC:79069 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5969 of 2025 Applicant :- Shivam Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Devaang Savla learned counsel for the applicant, Sri Amrendra Singh, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on records. 3. The vakalatnama of Sri Amrendra Singh is not on record, despite the fact that his name being printed in the cause list. 4. Office to trace out the same and place it on record and make a note in the order sheet about it. 5. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Shivam Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 743 of 2024, under Sections 87, 137(2), 64 B.N.S. & Section 3/4 POCSO Act, Police Station Shikohabad, District Firozabad. 6. The first information report of the present matter was lodged on 11.12.2024 by Ramji Lal against unknown person alleging therein that his daughter aged about 17 years 4 month studying in Class- 11th. Yesterday, on 10.12.2024 at about 11:30 A.M., she went from the house and someone has lured and enticed her away. She was search a lot but could not be traced out. The report be lodged and action be taken. 7. Learned counsel for the applicant argued that the victim was subsequently, recovered and her statement under Section 108 B.N.S.S. was recorded wherein she states that the applicant who called her to a mega-store from where, he took her to a hotel where he committed wrongful act with her. He then again took her to another hotel where, again he committed wrongful act. Subsequently, they were going some other place where they were apprehended. It is submitted that in the statement of the victim recorded under Section 183 B.N.S.S., she changes the version of statement given by her earlier during investigation and states that she was love with the applicant and new him since the last 3-4 years. She went with him out of her own sweet will and stayed with him 2-3 days and they established physical relationship with each other. Now, she wants to go with her parents. The applicant had come to take her but did not do any act forcibly. It is submitted that the version of the victim is thus totally contradictory and is not consistent. It is submitted that the victim was having love affair with the applicant and she went along with the applicant on her own sweet will. It is submitted that The applicant has no criminal history as stated in para 13 of the affidavit and is in jail since 31.12.2024. 8. Per contra, learned counsel for the State and learned counsel for the first informant opposed the prayer for bail and submitted that the victim is minor as per first information report itself. It is further submitted that the victim stated of her being raped by the applicant in her statement recorded under Sections 108 B.N.S.S. It is further submitted that the prayer for bail be rejected. 9. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is not named in the first information report. His name has surfaced in the statement of victim during investigation. The statements of victim during investigation under Section 108 B.N.S.S. and 183 B.N.S.S. are totally contrary and are not consistent. 10. 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. 11. Let the applicant- Shivam Kumar, 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., 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., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 12. 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. 13. The bail application is allowed. 14. Pending application (s), if any, shall stand disposed of. Order Date :- 13.5.2025 Manoj (Samit Gopal,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad