Neutral Citation No. - 2025:AHC:105907 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19157 of 2025 Applicant :- Ajeem Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Apsara Counsel for Opposite Party :- G.A.,Manoj Kumar Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Javed Khan, Advocate, holding brief of Ms. Apsara, learned counsel for the applicant, Sri Manoj Kumar, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Ajeem, seeking enlargement on bail during trial in connection with Case Crime No.12 of 2025, under Sections 137(2), 64(2) B.N.S. and 5(L)/6 POCSO Act, registered at P.S.- Dilari, District- Moradabad. 4. The F.I.R. of the matter was lodged on 28.1.2025 by Bhoora against the applicant alleging therein that his daughter aged about 17 years was being looked with evil eye since long by the applicant who is a neighbour. On 28.1.2025 at about 08:30 a.m. when he was not in the house and the family members were in the field, the applicant allured and enticed her away. She was seen by his wife Smt. Ameera and Behtarin the chachi of his daughter , who tried to stop them while going away but they did not stop. His daughter has taken gold ornaments and Rs.1 lakh from almirah. She was searched a lot but could not be found. 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 submitted that the victim is aged about 17 years and 6 months. It is submitted that the victim in her statement recorded during investigation stated that she went with the applicant out of her own sweet will from Moradabad to Delhi by bus and from Delhi to Hyderabad by train and stayed with him for about 17 days as husband and wife and many times physical relationship between them were established and there was no force exerted on her or any act done forcefully on her by the applicant. It is further submitted that the victim and the applicant wanted to marry each other and it is a case of elopement. It is argued that the applicant has no other criminal antecedents as stated in para- 26 of the affidavit and is in jail since 20.2.2025. 6. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail and submitted that as per school records the victim is aged about 17 years 06 months. It is submitted that the applicant is named in the F.I.R. and in the statement of the victim recorded during investigation. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the victim went with the applicant out of her own sweet will. While going from the house she took away gold ornaments and money from almirah. The 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- Ajeem, 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. 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 :- 7.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad