Neutral Citation No. - 2025:AHC:108568 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17170 of 2025 Applicant :- Vishal Ray Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Girja Shanker Mishra,Pratiksha Rai Counsel for Opposite Party :- Birendra Kumar Mishra,G.A.,Simpal Singh Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Ms. Pratiksha Rai, learned counsel for the applicant, Sri Birendra Kumar Mishra, learned counsel for the first informant, Sri Bade Lal Bind, learned AGA for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Vishal Ray, seeking enlargement on bail during trial in connection with Case Crime No. 215 of 2025, under Section(s) 137(2), 87, 65(1) B.N.S., and 3/4(2) POCSO Act, registered at P.S. Uttar (North Firozabad), District- Firozabad. 4. The F.I.R. of the matter was lodged on 16.4.2025 by Smt. Meena Devi against the applicant alleging therein that her son Ganesh Nagar is not having sound mental condition. His wife Meera is living in his maternal house since the last 05 years. The elder daughter of Ganesh is a student of Class-8th. The applicant has allured her and enticed her away. She does not carry mobile phone. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim was recovered and her statement under Section 180 B.N.S.S. was recorded wherein she states that she was in love with the applicant and used to talk to him since the last four years and wants to marry with him. She further states that no wrongful act has been committed by the applicant on her. It is submitted that the victim in her statement recorded under Section 183 B.N.S.S. states that she eloped with the applicant on 16.4.2025 and was having love affair with him and has married him in Jabalpur. The victim further states that her parents have also got her married socially but her grand-mother and chacha came there and demanded money. They have come with the police. She wants to live with her parents. It is submitted that the victim does not state of any sexual assault on her. It is submitted that the F.I.R. has been lodged by grand-mother of the victim whereas her parents do not oppose the said relationship. It is submitted that there is no sexual assault on the victim by the applicant. It is argued that the applicant has no other criminal antecedents as stated in para-21of the affidavit and is in jail since 26.4.2025. 6. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the F.I.R. has been lodged by the grand-mother of the victim. The victim does not state of any sexual assault on her by the applicant. As per version of the victim her parents have got married her with the applicant but her grand- mother who is the first informant, and chacha are demanding money. 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- Vishal Ray, 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 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 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 :- 9.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad