Neutral Citation No. - 2025:AHC:144600 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26487 of 2025 Applicant :- Monu Pal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jai Prakash Rai,Om Prakash Counsel for Opposite Party :- Binod Kumar Rai,G.A.,Govind Jee Rai Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Jai Prakash Rai, learned counsel for the applicant, Sri Govind Jee Rai, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 01.08.2025. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Monu Pal, seeking enlargement on bail during trial in connection with Case Crime No. 244 of 2024, under Sections 137(2), 65(1) B.N.S. and Section 3/4 POCSO Act, Police Station Talbehat, District Lalitpur. 5. The first information report of the present matter was lodged on 22.07.2024 by Mukesh Pal against the applicant alleging therein that on 03.07.2024 at about 11 am his daughter aged about 16 years has been lured and enticed away by the applicant. She was searched a lot but could not be traced. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the marriage of the applicant was settled with the victim by her parents and she started talking to him after which her father instructed her not to talk to him but she did not stop it and thus she was assaulted and thrown out of the house. She then went away with him and they stayed in Gujarat, Ghaziabad and then returned back in Datiya where the applicant was working and earning his livelihood. While placing supplementary affidavit dated 29.07.2025 which is already on record it is submitted that the parties have entered into settlement and a Settlement Agreement has been drawn which is annexed as Annexure-SA-3 to the same stating therein that the applicant and the victim are ready to live together happily once the applicant is released from jail. It is submitted that the present case is a case of elopement. The applicant has no criminal history as stated in para 23 of the affidavit and is in jail since 22.03.2025. 7. Per contra, learned counsel for the State opposed the prayer for bail. 8. Although learned counsel for the first informant / opposite party no.2 is present but he does not oppose the argument and prayer for bail and submits that the parties are ready for marriage of the applicant and the victim. 9. After having heard learned counsel for the parties and perusing the record, it is evident that the victim and the applicant went and lived at various places. The marriage of the victim was settled with the applicant which could not get solemnized. Now the parties are again ready for marriage. 10. 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. 11. Let the applicant- Monu Pal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties will be of family members and the other will be of a local person) 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. 12. 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. 13. The bail application is allowed. 14. Pending application (s), if any, shall stand disposed of. Order Date :- 22.8.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad