Neutral Citation No. - 2025:AHC:103680 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18269 of 2025 Applicant :- Virendra Alias Veeru Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A.,Harsh Narayan Singh,Rahul Pandey Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Pushpendra Singh, learned counsel for the applicant, Sri Harsh Narayan Singh, learned counsel for the first informant and Sri Birendra Pratap Singh, 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- Virendra @ Veeru, seeking enlargement on bail during trial in connection with Case Crime No. 217 of 2024, under Sections 137(2), 64 B.N.S. and Section 3/4 POCSO Act, Police Station Pailani, District Banda. 4. The first information report of the present matter was lodged on 11.10.2024 by Krishna Kumar against the applicant alleging therein that on 09-10/2024 at about 4-5 am his daughter aged about 15-16 years was lured and enticed away by the applicant. The said fact is known to Deepak and Ashu of the village. A report be lodged and action be taken. 5. Learned counsel for the applicant submits that the victim was medically examined and her age has been opined to be about 18 years and as such she is a major. It is submitted that the victim in her statements recorded during investigation has stated that she went with the applicant out of her own sweet-will and they went by train and then solemnized marriage in a temple and were living as husband & wife. It is submitted that the present case is a case of elopement. The applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 27.03.2025. 6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. It is submitted that as per the school records the victim is aged about 16 years. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the victim and the applicant went to various places by train but no resentment was made by her. The present case appears to be a case of elopement. 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- Virendra @ Veeru, 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. 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 :- 3.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad