Neutral Citation No. - 2025:AHC:135112 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18877 of 2025 Applicant :- Rama Nand Yadav Alias Gama Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prakash Chandra Gupta Counsel for Opposite Party :- Akhilesh Kumar Mishra,Ankita Gupta,Balram Pratap,G.A.,Satyvendra Singh Yadav Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Prakash Chandra Gupta, learned counsel for the applicant, Sri Balram Pratap, learned counsel for the first informant and Sri V.D. Ojha 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- Rama Nand Yadav @ Gama, seeking enlargement on bail during trial in connection with Case Crime No. 543 of 2024, under Sections 137(2), 64, 127(4), 115(2), 352 B.N.S. and 5/6 POCSO Act, Police Station Kaptanganj, District Kushi Nagar. 4. The first information report of the present matter was lodged on 11.11.2024, under Section 137(2) B.N.S. by Smt. Seema Devi against the applicant alleging therein that the daughter of the informant having date of birth as 01.01.2007 has gone missing from the house from 04.11.2024 at about 4 am. She was searched a lot but could not be traced and later on it came to be known that the applicant has lured and enticed her away. A 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 victim as per her statement states of the applicant taking her from Gorakhpur to Delhi and then from Delhi to Chandigarh where they stayed for two months in a room like husband & wife. They even visited to Allahabad for filing a case and got married in Allahabad. It is submitted that the victim as of now is a major girl. It is submitted that the present case is a case of elopement. It is submitted while placing paragraph 40 & 48 of the affidavit that the investigation in the matter has concluded and charge-sheet under Sections 137(2), 64, 127(4), 115(2), 352 B.N.S. and 5/6 POCSO Act has been submitted. It is submitted that the applicant is having criminal history of one case which has been disclosed & explained in paragraph 3 of the supplementary affidavit dated 09.06.2025 which is already on record. The applicant is in jail since 05.05.2025. 6. Per contra, learned counsel for the first informant and 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 as of now is a major girl. She travelled with the applicant to various places through public modes without any objection whatsoever. They stayed in Chandigarh for two months in a room. 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- Rama Nand Yadav @ Gama, 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 :- 11.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad