Neutral Citation No. - 2025:AHC:114731 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18761 of 2025 Applicant :- Banti Alias Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Tripathi,Ramanuj Tripathi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ashwani Tripathi, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Banti @ Ravi, seeking enlargement on bail during trial in connection with Case Crime No.144 of 2025, u/s 69, 351(3) of B.N.S., P.S. Kotwali Dehat, District Bulandshahr. 4. The FIR of the matter was lodged on 2.3.2025 by the victim against the applicant alleging therein that she met the applicant and they have acquaintance with each other. The applicant has stated that he is unmarried and wants to marry her. He forcibly established physical relationship with her and there is physical relationship between them. On his insistence to get married, they solemnized marriage in Arya Samaj Mandir on 13.11.2024, after which they started living as husband and wife. He took her to Delhi and they were living in a rented room. On 12.2.2025, he took her to his village where she came to know that the applicant is already a married man having a wife and three children. She then made a complaint to his parents about it. He then consoled her and thereafter the victim returned to her village. On 20.2.2025, the applicant and his family members came to her house and asked her parents to send her back. 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 argued that the the victim is a major woman aged about 26 years. The relationship between the victim and the applicant was consensual relationship. It is further argued that the victim since was a major woman, was well aware of the consequences of the said relationship. Even the victim and the applicant stayed together at some places out of their own sweet-will. It has also been pointed out that the applicant is not having any criminal history as stated in para 18 of the affidavit. The applicant is in jail since 25.3.2025. 6. Per contra learned counsel for the State opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that the victim is a major woman aged about 26 years. The applicant and the victim stayed together at two places and physical relationship was established between them. Subsequently the present FIR has been lodged. 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-Banti @ Ravi, 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 she/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 her/him 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 her/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 her/him in accordance with law and the trial court may proceed against her/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 :- 16.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad