Neutral Citation No. - 2025:AHC:103302 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22922 of 2025 Applicant :- Dhuwa Singh Alias Pramod Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Kumar,Sandhya Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Kapil Kumar Rajora, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Dhuwa Singh @ Pramod, seeking enlargement on bail during trial in connection with Case Crime No.82 of 2018, u/s 376 IPC, P.S. Ahaar, District Bulandshahar. 4. The FIR of the matter was lodged on 11.3.2018 by Subhash against Lovkush and the applicant alleging therein that on 10.03.2018 at about 9.30 a.m., his daughter aged about 16 years went missing from the house. When he was searching her, Sonveer told him that his daughter was seen near Canal of the village with Lovkush and the present applicant. His daughter has been lured and enticed away. A report be lodged and action be taken. 5. The matter was investigated and a charge sheet was submitted against co-accused Lovkush but the applicant was exonerated therein. The trial in the matter started in which two witnesses being the first informant Subhash as P.W.1 and the victim as P.W.2 were examined. Subsequently an application under Section 319 Cr.P.C. being paper no.21-B was filed on which an order dated 3.4.2024 was passed by the Additional District and Sessions Judge/F.T.C. Court No.3, Bulandshahar summoning the applicant and one Pawan for offence under Section 376 IPC. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the brother-in-law of co-accused Lovkush. It is further argued that as per High School Certificate, the date of birth of the victim is 8.6.1996, as such the victim is a major girl aged about 21 years. It is further argued that co-accused Lovkush has been granted bail by coordinate Bench of this Court vide order dated 14.8.2028 passed in Criminal Misc. Bail Application No.30656 of 2018, copy of the same is annexed as Annexure No.9 to the affidavit filed in support of bail application. It is further argued that during investigation the applicant was exonerated but has now been summoned under Section 319 Cr.P.C. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 of the affidavit. The applicant is in jail since 5.3.2025. 7. Per contra 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 victim is a major girl. During investigation the applicant was exonerated. Co-accused who was charge sheeted has been granted bail by coordinate Bench of this Court. 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-Dhuwa Singh @ Pramod, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (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 :- 3.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad