Neutral Citation No. - 2025:AHC:108484 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17327 of 2025 Applicant :- Aasif Malik @ Aashish Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Arshad Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Mohd. Arshad, learned counsel for the applicant and Sri Ram Prakash Shukla learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Aasif Malik @ Aashish, seeking enlargement on bail during trial in connection with Case Crime No. 503 of 2024, under Sections 115(2), 64, 351(2) B.N.S., Police Station Loni Border, District Ghaziabad. 4. The first information report of the present matter was lodged on 05.09.2024 by the victim against the applicant alleging therein that she has divorced her husband around 10 years back from whom she has two children. About an year back she met a person named Ashish who expressed his desire to marry her and take care of her and her children. He then started living with her and on a false promise to marry established physical relationship. When she asked him to marry he refused. She went to his house and meet his family members who assaulted her and threw her out of the house. She then came to know that the correct name of Ashish is Aasif Malik. On 26.08.2024 he came to her house and established physical relationship with her and on her saying to marry her, assaulted her and threatened to kill her children. Her report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant and the victim were leading a consensual life and the applicant was living with her and physical relationship was established with consent. It is submitted that subsequently the relationship became sour and both parted ways and then the present first information report has been lodged. It is submitted that the victim is a major woman who is a divorced lady having two children. The applicant has no criminal history as stated in para 16 of the affidavit and is in jail since 07.09.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a divorced woman. She and the applicant were having relationship and even were staying together. The relationship appears to have become sour later on. In the meantime physical relationship was established between them. 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- Aasif Malik @ Aashish, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of family members and the other will be of a local person) 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. 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. Order Date :- 9.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad