Neutral Citation No. - 2025:AHC:73249 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 884 of 2025 Applicant :- Amir Alias Mana Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hari Om Sharan Tiwari,Shrikant Chaturvedi Counsel for Opposite Party :- Abhishek Kumar Mishra,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Hari Om Sharan Tiwari, learned counsel for the applicant, Sri Abhishek Kumar Mishra, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Amir @ Mana, seeking enlargement on bail during trial in connection with Case Crime No. 677 of 2024, under Sections 69, 351(2) B.N.S. and Section 3/4 POCSO Act, Police Station Izzatnagar, District Bareilly. 4. The first information report of the present matter was lodged on 20.09.2024 by Smt. Jainab against the applicant and Zubair alleging therein that the marriage of her daughter was fixed with the applicant around four months back. Since then he used to visit the house often. In the meantime, the applicant started establishing physical relationship with her daughter and whenever he was asked for marriage he used to avoid and get it extended. On 19.09.2024 the applicant pulled her daughter in the bathroom, closed the door and committed wrongful act with her. The same was done in connivance with co-accused Zubair. After an hour her daughter was left out and then while crying came back and told about the incident. When he was asked to marry, he extended threats to them. A report 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 submitted that the victim is a major girl. It is submitted that the C.M.O. concerned opined the age of the victim as 17 years and while giving benefit of two years she would be a major. It is submitted that the victim was a consenting party and the marriage between the applicant and the victim was fixed but could not be solemnized which was the reason for lodging of the first information report. The applicant has no criminal history as stated in para 32 of the affidavit and is in jail since 14.10.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. Learned counsel for the first informant / opposite party no.2 although is present but he does not oppose the prayer for bail and submits that the parties are now ready for marriage and they have decided that the victim would be marrying the applicant. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the marriage of the applicant was settled with the victim. As per the medical examination report, the victim is aged about 17 years and while giving benefit of two years she would be a major. The marriage as of now could not be solemnized and thus the first information report has been lodged. 9. 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. 10. Let the applicant- Amir @ Mana, 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. 11. 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. 12. The bail application is allowed. 13. Pending application (s), if any, shall stand disposed of. Order Date :- 7.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad