Neutral Citation No. - 2025:AHC:118178 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18858 of 2025 Applicant :- Vikas Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shakti Pratap Singh,Vijay Singh Sengar Counsel for Opposite Party :- Chaman Aara,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Vijay Singh Sengar, learned counsel for the applicant, Ms. Chaman Aara, learned panel lawyer of the High Court Legal Services Committee appearing for the Child Welfare Committee, Jalaun at Orai/O.P. No.2 and Sri Triveni Saran Rai, learned counsel for the State/O.P. No.1 and perused the material on record. 3. Learned counsel for the opposite party No.2 submits that she has filed her vakalatnama through e-filing in the office on 09.06.2025. 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Vikas Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 12 of 2025, under Sections 137(2), 87, 65(1) BNS and 5L/6 POCSO Act, registered at Police Station Rampura, District Jalaun. 5. The FIR of the matter was lodged on 29.01.2025 by Maya Devi against the applicant and Banti alleging therein that her daughter aged about 17 years has lured and enticed away by the two accused persons on 6/7.01.2025 in the night. She came to know of it in the morning when she woke up. Since then she has searched her daughter at many places and places of relatives but she could not be traced. Report be lodged and action be taken. 6. Learned counsel for the applicant submitted the applicant has been falsely implicated in the present case. It is submitted that the FIR has been lodged after a delay of 22 days. It is submitted that as per school records the date of birth of victim is 01.04.2007 and as such she was aged about 17 years and 9 months at the time of the incident. It is submitted that the victim was recovered on 24.03.2025 and then her statements were recorded during investigation wherein she states that she went with the applicant out of her own sweet will and stayed in a hotel in a rented room but did not make any objection or resistance to the same. It is submitted that the present case is a case of elopement. It is further submitted that the applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 27.03.2025. 7. Per contra, learned counsel for the O.P. No.2 and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR and there are allegations against him. 8. After having heard learned counsels for the parties and perusing the records, it is evident that the FIR has been lodged after a delay of about 22 days of the incident. The victim travelled with the applicant in various places through various modes. It appears that the present case is a case of elopement. 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 Vikas Yadav, 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. 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 :- 21.7.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad