Neutral Citation No. - 2025:AHC:107540 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14487 of 2025 Applicant :- Devensh Alias Divyansh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rajeev Kumar Saxena, learned counsel for the applicant, Sri Bade Lal Bind, learned AGA for the State and perused the material on record. 3. On 17.5.2025 the following order was passed by a co-ordinate Bench of this Court:- "1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 7.5.2025. 3. Learned A.G.A. and learned counsel for the applicant are directed to ascertain the status of pregnancy of the victim. 4. Put up as fresh on 3.6.2025." 4. A perusal of the said order goes to show that notice has been served on the first informant on 07.5.2025. Despite service of notice, no one appears on behalf of the first informant even in the revised list. 5. Learned counsel for the State submits that he has received instructions in the matter for which time was prayed which was granted on 01.5.2025. 6. The Court thus proceeds to hear the matter. 7. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Devensh Alias Divyansh, seeking enlargement on bail during trial in connection with Case Crime No.166 of 2024, under Sections 363, 366, 376(1) I.P.C. and Section 5j(ii)/6 POCSO Act, registered at P.S. Phaphund, District Auraiya. 8. The F.I.R. of the matter was lodged on 15.5.2024 by Smt. Kanti Devi against the applicant and two other accused persons with the allegation that on 10.5.2024 at about 10:00 p.m. after having dinner she went to room at ground floor whereas both of her daughters went to the roof to sleep. In the early morning the applicant came to the house of Sandhya. She has belief that he has allured and enticed her daughter away who is aged about 17 years. Co-accused Shiva and Sandhya have helped to escape them. A report be lodged and action be taken. 9. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted while placing supplementary affidavit dated 21.5.2025 that the affidavit in the said supplementary affidavit is of the victim who in para-3 has stated that she was carrying a pregnancy of about 05 months but subsequently miscarriage took place while she was residing at her parental house. It is further submitted that the victim in her statement recorded during investigation has stated that on 10.5.2024 at about 11:00 p.m. she went with the applicant on his motorcycle to Delhi from where they went to Jaipur and lived there in a rented accommodation for about 10-12 days and solemnized marriage in a temple and then they went to Nainital from where they returned back to Jaipur where they were living as husband and wife. It is submitted that the same would go to show that the victim is a consenting party. She did not make any opposition or objection while travelling with the applicant. It is submitted that the present case is a case of elopement. It is submitted that charge sheet in the matter has been submitted on 07.2.2025 only against the applicant, para-14 of the affidavit has been placed for the same, and as such there is no chances of the applicant tempering with the evidence or not co-operating in the investigation. It is argued that the applicant has no other criminal antecedents as stated in para-20 of the affidavit and is in jail since 05.1.2025. 10. Per contra, learned State counsel opposed the prayer for bail. 11. After having heard learned counsels for the parties and perusing the record, it is evident that the victim went with the applicant out of her own sweet will and they travelled to various cities and lived there. The present case appears to be a case of elopement. Charge sheet in the matter has been submitted against the applicant. 12. 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. 13. Let the applicant- Devensh Alias Divyansh, 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. 14. 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. 15. The bail application is allowed. 16. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 8.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad