Neutral Citation No. - 2025:AHC:100751 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20081 of 2025 Applicant :- Jane Alam Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Pandey Counsel for Opposite Party :- S.M. Iqbal Hasan,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Manoj Pandey, learned counsel for the applicant, Sri S.M. Iqbal Hasan, learned counsel for the first informant and Sri V.D. Ojha, learned counsel for the State and perused the material on records. 3. The Vakalatnama of Sri S.M. Iqbal Hasan, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a note in the order-sheet about it. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Jane Alam, seeking enlargement on bail during trial in connection with Case Crime No. 70 of 2025, under Sections 69 B.N.S., Police Station Kudhfatehgarh, District Sambhal. 5. The first information report of the present matter was lodged on 22.04.2025 by Akil @ Dilsher against the applicant alleging therein that his daughter aged about 19 years on a false promise to marry by his cousin brother Jane Alam was subjected to physical relationship. When he talked about him for marrying her he refused. A report be lodged and action be taken. 6. Learned counsel for the applicant argued that on the own showing of the prosecution the victim is a major girl. It is submitted that the prosecution case is that the applicant and the victim were in relationship on some discussion of marriage between them but the same could not materialize. It is submitted that the relationship was a consensual relationship. The applicant has no criminal history as stated in para 23 of the affidavit and is in jail since 27.04.2025. 7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. It is submitted that the applicant is named in the first information report and there are allegations against him of indulging in physical relationship with the victim on a false assurance. It is submitted that the medical examination of the victim shows injuries on her body. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the victim is a major girl. The applicant is a relative of the first informant. The relationship between the applicant and the victim was on some discussion of marriage which later on could 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- Jane Alam, 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. 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. Order Date :- 1.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad