Neutral Citation No. - 2025:AHC:124072 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18979 of 2025 Applicant :- Kuldeep Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahendra Pratap Yadav,Pavan Kishore Counsel for Opposite Party :- G.A.,Janardan Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Pavan Kishore, learned counsel for the applicant, Sri Ashok Kumar Yadav, learned counsel holding brief of Sri Janardan, learned counsel for the first informant/opposite party no. 2, Sri V.D.Ojha, learned counsel for the State/opposite party no. 1 and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant Kuldeep Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 0137 of 2025, under Sections 65(1), 351(3) B.N.S and Section 5(L)/6 POCSO Act, registered at P.S. Dhanghata, District Sant Kabir Nagar. 4. The Vakalatnama of Sri Janardan is not on record despite his name being printed in the cause list. Office to trace the same and place it on record and make a note in the order sheet. 5. The FIR of the matter was lodged on 28.03.2025 by Shyam Sundri against the applicant and two other persons alleging therein that while going to her maternal house her daughter met the applicant who makes a false promise to marry her. From 09.09.2023 to December, 2024 he established physical relations with her many times. The first time he established physical relation, it was in her maternal house and when she asked him to marry he refused. Her daughter is aged about 16 years. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that as per the school record the victim is aged about 17 years and two months and even as per the medical examination she is aged about 17 years. It is submitted that the allegation against the applicant is of establishing physical relationship with the victim from 09.09.2023 to December, 2024 but no complaint or report was made earlier with regards to the same. It is submitted that the statement of the victim goes to show that there was some discussion of marriage between the applicant and the victim which could not materialize and thus the present F.I.R has been lodged. It has also been pointed out that the applicant is not having any criminal antecedents as stated in para 21 of the affidavit. The applicant is in jail since 29.03.2025. 7. Per contra learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. 8. After hearing the counsel for the parties and perusing the record, it is evident that the relationship between the applicant and the victim was since 09.09.2023 which lasted upto December, 2024, no complaint earlier was made regarding any such act. Subsequently on 28.03.2025, the present F.I.R has been lodged. The statement of the victim goes to show that there was some discussion of marriage between the applicant and victim which did not materialize. 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- Kuldeep 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 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. 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. (Samit Gopal, J.) Order Date :- 28.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad